Racino v. State

District Court of Appeal of Florida

Racino v. State

479 So. 2d 816, 10 Fla. L. Weekly 2734, 1985 Fla. App. LEXIS 17244

CourtDistrict Court of Appeal of Florida

DecidedDecember 11, 1985

DocketNo. 84-1865

StatusPublished

Cited by2 cases

This text of 479 So. 2d 816 (Racino 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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Racino v. State, 479 So. 2d 816, 10 Fla. L. Weekly 2734, 1985 Fla. App. LEXIS 17244 (Fla. Ct. App. 1985).

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Opinion

PER CURIAM.

We affirm appellant’s conviction for burglary and sexual battery, but reverse the sentences and remand for resentencing. The trial court stated three specific grounds for departure from the sentencing guidelines and several additional grounds appear in the body of the Order for Aggravation of Sentence. One of the stated grounds is invalid: “that the defendant perjured himself during his testimony.” The state has not shown beyond a reasonable doubt that the absence of this invalid reason would not have affected the departure sentence. Albritton v. State, 476 So.2d 158 (Fla.1985). We remand for reconsideration of the sentence without taking into account the purported perjury.

HERSEY, C.J., and HURLEY and DELL, JJ., concur.

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PER CURIAM.

We affirm appellant’s conviction for burglary and sexual battery, but reverse the sentences and remand for resentencing. The trial court stated three specific grounds for departure from the sentencing guidelines and several additional grounds appear in the body of the Order for Aggravation of Sentence. One of the stated grounds is invalid: “that the defendant perjured himself during his testimony.” The state has not shown beyond a reasonable doubt that the absence of this invalid reason would not have affected the departure sentence. Albritton v. State, 476 So.2d 158 (Fla.1985). We remand for reconsideration of the sentence without taking into account the purported perjury.

HERSEY, C.J., and HURLEY and DELL, JJ., concur.

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479 So. 2d 816, 10 Fla. L. Weekly 2734, 1985 Fla. App. LEXIS 17244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/racino-v-state-fladistctapp-1985.

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