Gilbert v. State

District Court of Appeal of Florida

Gilbert v. State

706 So. 2d 135, 1998 Fla. App. LEXIS 2127, 1998 WL 88275

District Court of Appeal of Florida·Decided March 4, 1998·No. No. 97-1203·Published·Cited by 2 cases

Opinion

PER CURIAM.

After we remanded this case for resentenc-ing under the 1994 guidelines in Gilbert v. State, 680 So.2d 1132 (Fla. 3d DCA 1996), the trial judge imposed a departure sentence on grounds of (a) heightened premeditation, State v. Obojes, 604 So.2d 474 (Fla.1992), and (b) vulnerability due to age of the victim, § 921.0016(3)0), Fla. Stat. (1996). We find that the evidence supports neither of these grounds for departure. See Marcott v. State, 650 So.2d 977 (Fla.1995); Green v. State, 662 So.2d 748 (Fla. 4th DCA 1996).

Accordingly, the sentence under review is reversed and the cause remanded with directions to impose a guidelines sentence.

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PER CURIAM.

After we remanded this case for resentenc-ing under the 1994 guidelines in Gilbert v. State, 680 So.2d 1132 (Fla. 3d DCA 1996), the trial judge imposed a departure sentence on grounds of (a) heightened premeditation, State v. Obojes, 604 So.2d 474 (Fla.1992), and (b) vulnerability due to age of the victim, § 921.0016(3)0), Fla. Stat. (1996). We find that the evidence supports neither of these grounds for departure. See Marcott v. State, 650 So.2d 977 (Fla.1995); Green v. State, 662 So.2d 748 (Fla. 4th DCA 1996).

Accordingly, the sentence under review is reversed and the cause remanded with directions to impose a guidelines sentence.

Gilbert v. State, 706 So. 2d 135, 1998 Fla. App. LEXIS 2127, 1998 WL 88275 (Fla. Ct. App. 1998).

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Opinion

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