JOHNNIE ROBERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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FRANK, RICHARD H., Associate Judge.
Johnnie Roberson has appealed from his convictions and sentences for attempted second degree murder with a firearm and aggravated battery with a firearm. We have considered all of his contentions and have concluded that only one has merit. In sentencing the defendant to consecutive sentences of twenty and fifteen years, the trial judge exceeded the permitted range of seven to twenty-two years without stating written reasons for departure. We find no merit in the state’s argument that the judge did not know he was imposing a guidelines departure sentence. Therefore, upon remand the trial court must sentence the defendant to a term within the guidelines permitted range. Pope v. State, 561 So. 2d 554 (Fla.1990).
Accordingly, we affirm Roberson’s convictions but reverse the sentences and remand for resentencing within the guidelines.
GLICKSTEIN, C.J., and GARRETT, J., concur.
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Citator
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Livingston Cunningham v. State, 631 So. 2d 367 (Fla. 4th DCA 1994)…onvictions but remand with directions that appellant’s sentence on aggravated battery be reduced from [*368] three (3) years to two (2) years in order to comply with the permitted sentencing range of the sentencing guidelines. See Roberson v. State, 596 So. 2d 1250 (Fla. 4th DCA 1992). DELL, C.J., and ANSTEAD and KLEIN, JJ., concur.…
Authorities Cited
- Pope v. State, 561 So. 2d 554 (Fla. 1990)