Sandoval v. State

District Court of Appeal of Florida

Sandoval v. State

541 So. 2d 1361, 14 Fla. L. Weekly 1060, 1989 Fla. App. LEXIS 2279

CourtDistrict Court of Appeal of Florida

DecidedApril 26, 1989

DocketNo. 87-02924

StatusPublished

Cited by1 cases

This text of 541 So. 2d 1361 (Sandoval 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.

Bluebook

Sandoval v. State, 541 So. 2d 1361, 14 Fla. L. Weekly 1060, 1989 Fla. App. LEXIS 2279 (Fla. Ct. App. 1989).

Pincite

Opinion

CAMPBELL, Chief Judge.

Appellant, Theresa Sandoval, appeals the March 21, 1987 judgment and sentence finding her guilty of trafficking in cocaine and sentencing her to thirty years in prison with fifteen years minimum mandatory. On appeal, appellant challenges both her conviction and her sentence. We find merit only in appellant’s sentencing issue and remand to the trial court on that issue alone. We find no merit in appellant’s other contentions and, accordingly, affirm appellant’s conviction.

The guidelines provided for a three-and-one-half to four-and-one-half year sentence, with fifteen years minimum mandatory. The court departed and ordered appellant to serve thirty years in prison, with fifteen years minimum mandatory. In its written departure order, the court observed that since the sentence for trafficking in 400 grams is fifteen years in prison (section 893.135(l)(b)3, Florida Statutes (1987)), justice demanded that one convicted of trafficking in twenty-two times that amount, 8,898 grams, should receive a greater punishment than one convicted of trafficking in four-and-one-half percent of that amount.

The trial court clearly departed because of the greater amount of narcotics involved in the crime. This is improper under Atwaters v. State, 519 So.2d 611 (Fla.1988). As with appellant’s codefendants, we, therefore, affirm the conviction for trafficking in cocaine, vacate appellant’s sentence and remand to the trial court for resentencing within the guidelines range. Restrepo v. State, 533 So.2d 1180 (Fla. 2d DCA 1988); Sanchez v. State, 533 So.2d 1190 (Fla. 2d DCA 1988).

Conviction affirmed, sentence vacated and remanded with instructions.

PARKER and ALTENBERND, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

CAMPBELL, Chief Judge.

Appellant, Theresa Sandoval, appeals the March 21, 1987 judgment and sentence finding her guilty of trafficking in cocaine and sentencing her to thirty years in prison with fifteen years minimum mandatory. On appeal, appellant challenges both her conviction and her sentence. We find merit only in appellant’s sentencing issue and remand to the trial court on that issue alone. We find no merit in appellant’s other contentions and, accordingly, affirm appellant’s conviction.

The guidelines provided for a three-and-one-half to four-and-one-half year sentence, with fifteen years minimum mandatory. The court departed and ordered appellant to serve thirty years in prison, with fifteen years minimum mandatory. In its written departure order, the court observed that since the sentence for trafficking in 400 grams is fifteen years in prison (section 893.135(l)(b)3, Florida Statutes (1987)), justice demanded that one convicted of trafficking in twenty-two times that amount, 8,898 grams, should receive a greater punishment than one convicted of trafficking in four-and-one-half percent of that amount.

The trial court clearly departed because of the greater amount of narcotics involved in the crime. This is improper under Atwaters v. State, 519 So.2d 611 (Fla.1988). As with appellant’s codefendants, we, therefore, affirm the conviction for trafficking in cocaine, vacate appellant’s sentence and remand to the trial court for resentencing within the guidelines range. Restrepo v. State, 533 So.2d 1180 (Fla. 2d DCA 1988); Sanchez v. State, 533 So.2d 1190 (Fla. 2d DCA 1988).

Conviction affirmed, sentence vacated and remanded with instructions.

PARKER and ALTENBERND, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

541 So. 2d 1361, 14 Fla. L. Weekly 1060, 1989 Fla. App. LEXIS 2279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sandoval-v-state-fladistctapp-1989.

Opinion

Related

Cite This Page — Counsel Stack