Morganti v. State
515 So. 2d 364, 12 Fla. L. Weekly 2618, 1987 Fla. App. LEXIS 10922
District Court of Appeal of Florida·Decided November 12, 1987·No. No. 4-86-2619·Published·Cited by 1 cases
Opinion
We affirm the appellant’s conviction but reverse for resentencing. Whitehead v. State, 498 So.2d 863 (Fla.1986). The defendant’s juvenile record may be a valid reason for departure. Myrick v. State, 497 So.2d 728 (Fla. 2d DCA 1986); Riddle v. State, 488 So.2d 903 (Fla. 5th DCA 1986). However, the state has not shown beyond a reasonable doubt that the sentence would have been the same without the impermissible reasons. Griffis v. State, 509 So.2d 1104 (Fla.1987); Albritton v. State, 476 So.2d 158 (Fla.1985).
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Morganti v. State, 515 So. 2d 364, 12 Fla. L. Weekly 2618, 1987 Fla. App. LEXIS 10922 (Fla. Ct. App. 1987).
515 So. 2d 364 (Morganti v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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