Braxton v. State

District Court of Appeal of Florida

Braxton v. State

537 So. 2d 713, 14 Fla. L. Weekly 361, 1989 Fla. App. LEXIS 467, 1989 WL 7503

CourtDistrict Court of Appeal of Florida

DecidedFebruary 3, 1989

DocketNo. 87-1470

StatusPublished

This text of 537 So. 2d 713 (Braxton 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.

Bluebook

Braxton v. State, 537 So. 2d 713, 14 Fla. L. Weekly 361, 1989 Fla. App. LEXIS 467, 1989 WL 7503 (Fla. Ct. App. 1989).

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Opinion

PER CURIAM.

The trial judge gave four reasons for departing upward from the recommended guidelines sentence in this case. We find only one of the reasons (escalating pattern of criminal conduct) valid. The crimes and sentences herein took place before July 1, 1987, and therefore, the standard of review to be applied is that set forth in Albritton v. State, 476 So.2d 158 (Fla.1985). See State v. McGriff, 537 So.2d 107 (Fla.1989).

Because we cannot find beyond a reasonable doubt that the defendant would have received the same sentence absent the invalid reasons, we affirm the judgment but reverse the sentences herein and remand for resentencing.

SCHEB, A.C.J., and LEHAN and HALL, JJ., concur.

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PER CURIAM.

The trial judge gave four reasons for departing upward from the recommended guidelines sentence in this case. We find only one of the reasons (escalating pattern of criminal conduct) valid. The crimes and sentences herein took place before July 1, 1987, and therefore, the standard of review to be applied is that set forth in Albritton v. State, 476 So.2d 158 (Fla.1985). See State v. McGriff, 537 So.2d 107 (Fla.1989).

Because we cannot find beyond a reasonable doubt that the defendant would have received the same sentence absent the invalid reasons, we affirm the judgment but reverse the sentences herein and remand for resentencing.

SCHEB, A.C.J., and LEHAN and HALL, JJ., concur.

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Bluebook (online)

537 So. 2d 713, 14 Fla. L. Weekly 361, 1989 Fla. App. LEXIS 467, 1989 WL 7503, Counsel Stack Legal Research, https://law.counselstack.com/opinion/braxton-v-state-fladistctapp-1989.

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