Sardella v. State

District Court of Appeal of Florida

Sardella v. State

526 So. 2d 918, 13 Fla. L. Weekly 828, 1988 Fla. App. LEXIS 1186, 1988 WL 25458

District Court of Appeal of Florida·Decided March 30, 1988·No. No. 87-1557·Published

Opinion

GUNTHER, Judge.

We reverse Appellant’s sentence because the trial court’s reasons for departure are invalid. The trial court improperly departed from the recommended guidelines sentence based upon hearsay allegations, Cannada v. State, 472 So.2d 1296, 1299 (Fla. 2d DCA 1985); and upon Appellant’s breach of the public trust while Appellant was a public servant. Breach of public trust is an inherent component of the crime of Bribery by a Public Servant, Florida Statutes, § 838.015(1). Thus, the trial court’s reliance on that reason for departure is invalid. See State v. Cote, 487 So.2d 1039 (Fla.1986).

REVERSED AND REMANDED FOR RESENTENCING.

DOWNEY and WALDEN, JJ., concur.

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

GUNTHER, Judge.

We reverse Appellant’s sentence because the trial court’s reasons for departure are invalid. The trial court improperly departed from the recommended guidelines sentence based upon hearsay allegations, Cannada v. State, 472 So.2d 1296, 1299 (Fla. 2d DCA 1985); and upon Appellant’s breach of the public trust while Appellant was a public servant. Breach of public trust is an inherent component of the crime of Bribery by a Public Servant, Florida Statutes, § 838.015(1). Thus, the trial court’s reliance on that reason for departure is invalid. See State v. Cote, 487 So.2d 1039 (Fla.1986).

REVERSED AND REMANDED FOR RESENTENCING.

DOWNEY and WALDEN, JJ., concur.

Sardella v. State, 526 So. 2d 918, 13 Fla. L. Weekly 828, 1988 Fla. App. LEXIS 1186, 1988 WL 25458 (Fla. Ct. App. 1988).

Pincite

526 So. 2d 918 (Sardella v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related