Brabant v. State

District Court of Appeal of Florida

Brabant v. State

528 So. 2d 500, 13 Fla. L. Weekly 1678, 1988 Fla. App. LEXIS 3026, 1988 WL 72236

CourtDistrict Court of Appeal of Florida

DecidedJuly 13, 1988

DocketNo. 86-2480

StatusPublished

This text of 528 So. 2d 500 (Brabant v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Brabant v. State, 528 So. 2d 500, 13 Fla. L. Weekly 1678, 1988 Fla. App. LEXIS 3026, 1988 WL 72236 (Fla. Ct. App. 1988).

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Opinion

PER CURIAM.

The appellant, Joseph Issac Brabant, challenges the judgments entered and the sentences imposed after he was found guilty of three counts of sexual battery and three counts of incest. We affirm the appellant’s convictions but reverse his sentences and remand for resentencing.

Although the appellant’s guidelines scoresheet reflected a sentencing range of seventeen to twenty-two years, the trial court imposed consecutive sentences for the six offenses totalling sixty years incarceration. Of the several points the appellant raises on this appeal, we find merit only in his contention that all of the trial court’s written reasons for imposing a departure sentence are either invalid or not sufficiently supported by the record. Since none of the reasons given can support a departure from the guidelines, we reverse the sentences imposed and remand for re-sentencing within the guidelines range. See Shull v. Dugger, 515 So.2d 748 (Fla.1987). We affirm the trial court in all other respects.

Affirmed in part, reversed in part, and remanded.

DANAHY, A.C.J., and SCHOONOVER and PARKER, JJ., concur.

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PER CURIAM.

The appellant, Joseph Issac Brabant, challenges the judgments entered and the sentences imposed after he was found guilty of three counts of sexual battery and three counts of incest. We affirm the appellant’s convictions but reverse his sentences and remand for resentencing.

Although the appellant’s guidelines scoresheet reflected a sentencing range of seventeen to twenty-two years, the trial court imposed consecutive sentences for the six offenses totalling sixty years incarceration. Of the several points the appellant raises on this appeal, we find merit only in his contention that all of the trial court’s written reasons for imposing a departure sentence are either invalid or not sufficiently supported by the record. Since none of the reasons given can support a departure from the guidelines, we reverse the sentences imposed and remand for re-sentencing within the guidelines range. See Shull v. Dugger, 515 So.2d 748 (Fla.1987). We affirm the trial court in all other respects.

Affirmed in part, reversed in part, and remanded.

DANAHY, A.C.J., and SCHOONOVER and PARKER, JJ., concur.

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528 So. 2d 500, 13 Fla. L. Weekly 1678, 1988 Fla. App. LEXIS 3026, 1988 WL 72236, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brabant-v-state-fladistctapp-1988.

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