JOHN MULLIGAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm the conviction of appellant but reverse and remand for a new sentencing hearing as the trial court’s written findings for departure from a guidelines sentence do not correspond to his orally announced reasons for departure. The procedure employed by the trial court of accepting the state’s written reasons of departure without expressing all of those same reasons in an appropriate manner at the sentencing hearing has been condemned. Barbera v. State, 505 So. 2d 413 (Fla.1987); Johnson v. State, 483 So. 2d 839 (Fla. 2d DCA 1986). Additionally, appellant challenged the accuracy of his 1981 convictions in Baltimore, Maryland. The state’s failure to provide corroborating evidence of those convictions also necessitates a remand to produce an accurate, corroborated scoresheet. Ware v. State, 541 So. 2d 786 (Fla. 4th DCA 1989); L’Homme v. State, 518 So. 2d 408 (Fla. 1st DCA 1988); Baker v. State, 493 So. 2d 515 (Fla. 1st DCA 1986); Delaine v. State, 486 So. 2d 39 (Fla. 2d DCA 1986).
Affirmed as to conviction, reversed as to sentence and remanded for a new sentencing hearing.
DELL, WALDEN and WARNER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Martin v. State, 599 So. 2d 719 (Fla. 4th DCA 1992)…rder those findings added by the prosecutor and then consider whether the remaining reasons, those articulated by the trial court, warranted the upward departure. Simmons v. State, 496 So. 2d 911 (Fla. 2d DCA 1986). Our opinion in Mulligan v. State, 566 So. 2d 76 (Fla. 4th DCA 1990), condemning the wholesale delegation of responsibility to make the necessary findings, should not be interpreted as holding that an order including more than the reasons articulated by the trial court is thereby rendered entirely…
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Prentiss Hubbs v. State, 661 So. 2d 1282 (Fla. 4th DCA 1995)…onvictions used for sentencing purposes, the burden is on the state to provide proof corroborating the alleged prior record. Slaughter v. State, 585 So. 2d 1087 (Fla. 3d DCA 1991); Moss v. State, 581 So. 2d 182 (Fla. 2d DCA 1991); Mulligan v. State, 566 So. 2d 76 (Fla. 4th DCA 1990). The two convictions which Hubbs disputes involve a Wisconsin attempted sexual assault conviction and a conviction for possession of a firearm by a convicted felon. At the sentencing hearing, Hubbs, an Okeechobee resident, denied…
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Larsen v. State of Fla. & Harry K. Singletary, 693 So. 2d 53 (Fla. 4th DCA 1997)…[*54] WARNER, Judge. The petition for habeas corpus based on ineffectiveness of appellate counsel is denied. Petitioner argues that because his co-defendant’s sentence was reversed on direct appeal, Mulligan v. State, 566 So. 2d 76 (Fla. 4th DCA 1990), and his conviction and sentence were affirmed without opinion, his appellate counsel must have been deficient in the presentation of his brief, as the same sentencing issue on which this court reversed his codefendant’s sentence…
Authorities Cited
- Barbera v. State, 505 So. 2d 413 (Fla. 1987)
- Baker v. State, 493 So. 2d 515 (Fla. 1st DCA 1986)
- Delaine v. State, 486 So. 2d 39 (Fla. 2d DCA 1986)
- Johnson v. State, 483 So. 2d 839 (Fla. 2d DCA 1986)
- L'Homme v. State, 518 So. 2d 408 (Fla. 1st DCA 1988)
- Boyd Ware v. State, 541 So. 2d 786 (Fla. 4th DCA 1989)
- Callaway v. S. Life & Health Ins. Co., 541 So. 2d 786 (Fla. 4th DCA 1989)