Broderick v. State

District Court of Appeal of Florida

Broderick v. State

659 So. 2d 705, 1995 Fla. App. LEXIS 8852, 1995 WL 497202

CourtDistrict Court of Appeal of Florida

DecidedAugust 23, 1995

DocketNo. 94-01715

StatusPublished

This text of 659 So. 2d 705 (Broderick 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

Broderick v. State, 659 So. 2d 705, 1995 Fla. App. LEXIS 8852, 1995 WL 497202 (Fla. Ct. App. 1995).

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Opinion

FULMER, Judge.

The defendant appeals the sentences he received after being convicted of two counts of grand theft for misappropriating money from a land investment trust for which he was the trustee. We reverse because the trial court erred in departing from the sentencing guidelines on the basis of the defendant’s breach of trust which was an inherent component of the crime for which he was convicted. See State v. Mischler, 488 So.2d 523 (Fla.1986); Walker v. State, 508 So.2d 407 (Fla. 5th DCA 1987); Kigar v. State, 495 So.2d 273 (Fla. 5th DCA 1986).

Reversed and remanded for resentencing within the guidelines.

FRANK, A.C.J., and PARKER, J., concur.

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FULMER, Judge.

The defendant appeals the sentences he received after being convicted of two counts of grand theft for misappropriating money from a land investment trust for which he was the trustee. We reverse because the trial court erred in departing from the sentencing guidelines on the basis of the defendant’s breach of trust which was an inherent component of the crime for which he was convicted. See State v. Mischler, 488 So.2d 523 (Fla.1986); Walker v. State, 508 So.2d 407 (Fla. 5th DCA 1987); Kigar v. State, 495 So.2d 273 (Fla. 5th DCA 1986).

Reversed and remanded for resentencing within the guidelines.

FRANK, A.C.J., and PARKER, J., concur.

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Bluebook (online)

659 So. 2d 705, 1995 Fla. App. LEXIS 8852, 1995 WL 497202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/broderick-v-state-fladistctapp-1995.

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