Freeney v. State

District Court of Appeal of Florida

Freeney v. State

549 So. 2d 792, 14 Fla. L. Weekly 2343, 1989 Fla. App. LEXIS 5450, 1989 WL 114243

District Court of Appeal of Florida·Decided October 5, 1989·No. No. 88-1888·Published

Opinions

COWART, Judge.

The departure sentence in this case is reversed because: (1) the facts that were sufficient to violate the defendant’s probation are not sufficient to constitute a clear and convincing reason for imposition of the departure sentence in this case, Lambert v. State, 545 So.2d 838 (Fla.1989); Branton v. State, 548 So.2d 882 (Fla. 5th DCA 1989); and (2) defendant’s pattern of committing new crimes does not meet the standard for departure based on temporal proximity of offenses set out in State v. Jones, 530 So.2d 53 (Fla.1988).

REVERSED and REMANDED for re-sentencing.

GOSHORN, J., concurs. DAUKSCH, J., dissents with opinion.

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COWART, Judge.

The departure sentence in this case is reversed because: (1) the facts that were sufficient to violate the defendant’s probation are not sufficient to constitute a clear and convincing reason for imposition of the departure sentence in this case, Lambert v. State, 545 So.2d 838 (Fla.1989); Branton v. State, 548 So.2d 882 (Fla. 5th DCA 1989); and (2) defendant’s pattern of committing new crimes does not meet the standard for departure based on temporal proximity of offenses set out in State v. Jones, 530 So.2d 53 (Fla.1988).

REVERSED and REMANDED for re-sentencing.

GOSHORN, J., concurs. DAUKSCH, J., dissents with opinion.

Freeney v. State, 549 So. 2d 792, 14 Fla. L. Weekly 2343, 1989 Fla. App. LEXIS 5450, 1989 WL 114243 (Fla. Ct. App. 1989).

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