Reichman v. State

Supreme Court of Florida

Reichman v. State

511 So. 2d 995, 12 Fla. L. Weekly 472, 1987 Fla. LEXIS 2303

CourtSupreme Court of Florida

DecidedSeptember 10, 1987

DocketNo. 69801

StatusPublished

Cited by3 cases

This text of 511 So. 2d 995 (Reichman v. State) is published on Counsel Stack Legal Research, covering Supreme Court 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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Reichman v. State, 511 So. 2d 995, 12 Fla. L. Weekly 472, 1987 Fla. LEXIS 2303 (Fla. 1987).

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Opinion

BARKETT, Justice.

We have for review Reichman v. State, 497 So.2d 293 (Fla. 1st DCA 1986), in which the district court certified the following question as one of great public importance:

DOES A TRIAL COURT’S STATEMENT, MADE AT THE TIME OF DEPARTURE FROM THE SENTENCING GUIDELINES, THAT IT WOULD DEPART FOR ANY ONE OF THE REASONS GIVEN, REGARDLESS OF WHETHER BOTH VALID AND INVALID REASONS ARE FOUND ON REVIEW, SATISFY THE STANDARD SET FORTH IN ALBRITTON v. STATE?

Id. at 294-95. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

We recently answered this question in the negative in Griffis v. State, 509 So.2d 1104 (Fla.1987). Accordingly, we quash the decision of the district court and direct that the case be remanded to the trial court for resentencing.

It is so ordered.

McDonald, C.J., and OVERTON, EHRLICH, SHAW and GRIMES, JJ., concur. KOGAN, J., dissents.

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