VINCENT RIVERA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
VINCENT RIVERA, APPELLANT,
STATE OF FLORIDA, APPELLEE
806 So. 2d 631
Florida District Court of Appeal, First District (2002)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We affirm the appellant’s conviction because he fails to present any meritorious claims, and conclude that the trial court did not err by resentencing the appellant to an upward 'departure sentence. See Trotter v. State, 774 So. 2d 924, 925 (Fla. 5th DCA 2001)(remanding for Heggs re-sentencing and holding the trial court could depart from the guidelines if valid reasons for a departure existed at the time of the original sentencing, and the new sentence does not exceed the original).
AFFIRMED.
KAHN, PADOVANO and POLSTON, JJ., concur.
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Gena Marie Lawson v. State, 812 So. 2d 518 (Fla. 1st DCA 2002)…tencing). Thus, the trial court had the authority at the de novo sentencing hearing to exercise its discretion in imposing an upward departure sentence, so long as it was not more severe than the original sentence. Bull, Id. And see Rivera v. State, 806 So. 2d 631 (Fla. 1st DCA 2002). Moreover, the three statutory aggravating circumstances provided by the trial judge as reasons justifying the departure were reduced to writing on the sentencing form, which was signed by the judge, as well as in the written o…
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Lanier v. State, 839 So. 2d 901 (Fla. 1st DCA 2003)…[*902] PER CURIAM. AFFIRMED. See Lawson v. State, 812 So. 2d 518 (Fla. 1st DCA), review denied, 829 So. 2d 918 (Fla.2002); Rivera v. State, 806 So. 2d 631 (Fla. 1st DCA), cause dismissed, No. SC02-1370, — So. 2d - (Fla. June 21, 2002). See also Trotter v. State, 825 So. 2d 362 (Fla.2002). ERVIN, WOLF and VAN NORTWICK, JJ., Concur.…
Authorities Cited
- Trotter v. State, 774 So. 2d 924 (Fla. 5th DCA 2001)