Ruiz v. State

District Court of Appeal of Florida

Ruiz v. State

530 So. 2d 503, 13 Fla. L. Weekly 2078, 1988 Fla. App. LEXIS 3965, 1988 WL 91169

CourtDistrict Court of Appeal of Florida

DecidedSeptember 6, 1988

DocketNo. 87-2115

StatusPublished

This text of 530 So. 2d 503 (Ruiz 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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Ruiz v. State, 530 So. 2d 503, 13 Fla. L. Weekly 2078, 1988 Fla. App. LEXIS 3965, 1988 WL 91169 (Fla. Ct. App. 1988).

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Opinion

PER CURIAM.

The convictions under review are affirmed upon the holdings that the evidence was entirely sufficient to support the finding of guilt and that the alleged restriction on cross-examination constituted no more than harmless error beyond a reasonable doubt. Mobley v. State, 409 So.2d 1031 (Fla.1982); § 924.33, Fla.Stat. (1987).

The upward departure sentence is affirmed on the authority of Sans v. State, 528 So.2d 516 (Fla. 3d DCA 1988), which approved a guidelines deviation imposed upon a co-defendant for the same reasons as those asserted here. As the state concedes, however, it was improper to impose consecutive three year minimum mandatory provisions pursuant to section 775.-[504]*504087(2), Florida Statutes (1987). Palmer v. State, 438 So.2d 1 (Fla.1983). Hence, upon remand, the two three-year mandatory sentences shall be made concurrent.

AFFIRMED AS MODIFIED.

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PER CURIAM.

The convictions under review are affirmed upon the holdings that the evidence was entirely sufficient to support the finding of guilt and that the alleged restriction on cross-examination constituted no more than harmless error beyond a reasonable doubt. Mobley v. State, 409 So.2d 1031 (Fla.1982); § 924.33, Fla.Stat. (1987).

The upward departure sentence is affirmed on the authority of Sans v. State, 528 So.2d 516 (Fla. 3d DCA 1988), which approved a guidelines deviation imposed upon a co-defendant for the same reasons as those asserted here. As the state concedes, however, it was improper to impose consecutive three year minimum mandatory provisions pursuant to section 775.-[504]*504087(2), Florida Statutes (1987). Palmer v. State, 438 So.2d 1 (Fla.1983). Hence, upon remand, the two three-year mandatory sentences shall be made concurrent.

AFFIRMED AS MODIFIED.

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530 So. 2d 503, 13 Fla. L. Weekly 2078, 1988 Fla. App. LEXIS 3965, 1988 WL 91169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ruiz-v-state-fladistctapp-1988.

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