Figueras v. State

District Court of Appeal of Florida

Figueras v. State

590 So. 2d 470, 1991 Fla. App. LEXIS 11659, 1991 WL 244635

CourtDistrict Court of Appeal of Florida

DecidedNovember 22, 1991

DocketNo. 90-03154

StatusPublished

This text of 590 So. 2d 470 (Figueras 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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Figueras v. State, 590 So. 2d 470, 1991 Fla. App. LEXIS 11659, 1991 WL 244635 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

Upon its own motion, the court hereby withdraws its opinion filed in this cause on October 18, 1991 and substitutes the following opinion therefor.

Appellant’s convictions and sentences imposed by the trial court are affirmed. However, appellant’s four consecutive life sentences constitute an upward departure from the recommended guidelines sentence. Allen v. State, 561 So.2d 1339 (Fla. 2d DCA 1990). The trial court may impose this departure sentence if it provides written reasons. Because the trial court erroneously believed that it was not departing from the recommended guidelines, we remand the case for the court to provide written reasons for the departure sentence. See State v. Vanhorn, 561 So.2d 584 (Fla.1990).

Affirmed, but remanded.

RYDER, A.C.J., and CAMPBELL and PARKER, JJ., concur.

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PER CURIAM.

Upon its own motion, the court hereby withdraws its opinion filed in this cause on October 18, 1991 and substitutes the following opinion therefor.

Appellant’s convictions and sentences imposed by the trial court are affirmed. However, appellant’s four consecutive life sentences constitute an upward departure from the recommended guidelines sentence. Allen v. State, 561 So.2d 1339 (Fla. 2d DCA 1990). The trial court may impose this departure sentence if it provides written reasons. Because the trial court erroneously believed that it was not departing from the recommended guidelines, we remand the case for the court to provide written reasons for the departure sentence. See State v. Vanhorn, 561 So.2d 584 (Fla.1990).

Affirmed, but remanded.

RYDER, A.C.J., and CAMPBELL and PARKER, JJ., concur.

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590 So. 2d 470, 1991 Fla. App. LEXIS 11659, 1991 WL 244635, Counsel Stack Legal Research, https://law.counselstack.com/opinion/figueras-v-state-fladistctapp-1991.

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