Calixte v. State
This text of 228 So. 3d 150 (Calixte 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.
Opinion
CONCESSION OF ERROR
On appeal, Appellant argues the trial court erred by imposing an upward departure sentence without articulating any grounds to justify the departure at re-sentencing. Based on the State’s proper concession of error, we agree that the trial court erred by not articulating any findings to. support departure from .the permitted deviated sentence range as recommended by the original sentencing guidelines. See Bryant v. State, 148 So.3d 1251, 1256 (Fla. 2014) (citing Pope v. State, 561 So.2d 554, 555 (Fla. 1990)); Boynton v. State, 473 So.2d 703, 704 (Fla. 4th DCA 1985), approved, 478 So.2d 351 (Fla. 1985). Accordingly, we reverse and remand for resentencing.
Reversed and Remanded.
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Cite This Page — Counsel Stack
228 So. 3d 150, 2017 WL 4679607, Counsel Stack Legal Research, https://law.counselstack.com/opinion/calixte-v-state-fladistctapp-2017.