Kopko v. State

District Court of Appeal of Florida

Kopko v. State

638 So. 2d 529, 1994 Fla. App. LEXIS 3913, 19 Fla. L. Weekly Fed. D 967

CourtDistrict Court of Appeal of Florida

DecidedApril 29, 1994

DocketNo. 93-527

StatusPublished

Cited by1 cases

This text of 638 So. 2d 529 (Kopko 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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Kopko v. State, 638 So. 2d 529, 1994 Fla. App. LEXIS 3913, 19 Fla. L. Weekly Fed. D 967 (Fla. Ct. App. 1994).

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Opinion

W. SHARP, Judge.

Following remand by this court,¹ Kopko was resentenced on Count II for lewd assault on a child under age 16.² He had earlier been sentenced to life (with a 25 year minimum mandatory) on Count I for sexual battery on a child under age 12.³ At resentenc-ing on Count II, the judge imposed a 15 year suspended sentence conditioned on the successful completion of 15 years of probation, consecutive to the life sentence. The trial judge said he intended to impose a departure sentence upward from the applicable sentencing guidelines brackets but he failed to file contemporaneous written reasons.

We have no alternative but to vacate the sentence appealed and remand for resentenc-ing pursuant to the guidelines. Fla. R.Crim.P. 3.701(d)(ll). Pope v. State, 561 So.2d 554 (Fla.1990); Wright v. State, 617 So.2d 837, 840-41 (Fla. 4th DCA 1993); see Rivero v. State, 592 So.2d 381 (Fla. 5th DCA 1992); Rodwell v. State, 588 So.2d 19 (Fla. 5th DCA 1991), review denied, 599 So.2d 657 (1992).

Sentence VACATED; REMANDED.

DIAMANTIS and THOMPSON, JJ., concur.

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W. SHARP, Judge.

Following remand by this court,¹ Kopko was resentenced on Count II for lewd assault on a child under age 16.² He had earlier been sentenced to life (with a 25 year minimum mandatory) on Count I for sexual battery on a child under age 12.³ At resentenc-ing on Count II, the judge imposed a 15 year suspended sentence conditioned on the successful completion of 15 years of probation, consecutive to the life sentence. The trial judge said he intended to impose a departure sentence upward from the applicable sentencing guidelines brackets but he failed to file contemporaneous written reasons.

We have no alternative but to vacate the sentence appealed and remand for resentenc-ing pursuant to the guidelines. Fla. R.Crim.P. 3.701(d)(ll). Pope v. State, 561 So.2d 554 (Fla.1990); Wright v. State, 617 So.2d 837, 840-41 (Fla. 4th DCA 1993); see Rivero v. State, 592 So.2d 381 (Fla. 5th DCA 1992); Rodwell v. State, 588 So.2d 19 (Fla. 5th DCA 1991), review denied, 599 So.2d 657 (1992).

Sentence VACATED; REMANDED.

DIAMANTIS and THOMPSON, JJ., concur.

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638 So. 2d 529, 1994 Fla. App. LEXIS 3913, 19 Fla. L. Weekly Fed. D 967, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kopko-v-state-fladistctapp-1994.

Opinion

W. SHARP, Judge.

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