Young v. State

District Court of Appeal of Florida

Young v. State

519 So. 2d 704, 13 Fla. L. Weekly 353, 1988 Fla. App. LEXIS 446, 1988 WL 7063

CourtDistrict Court of Appeal of Florida

DecidedFebruary 3, 1988

DocketNo. 86-3043

StatusPublished

This text of 519 So. 2d 704 (Young 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

Young v. State, 519 So. 2d 704, 13 Fla. L. Weekly 353, 1988 Fla. App. LEXIS 446, 1988 WL 7063 (Fla. Ct. App. 1988).

Pincite

Opinion

THREADGILL, Judge.

Appellant, Frances Young, appeals her five-year sentence for second degree grand theft, claiming that the trial court’s reasons for upward departure from the guidelines are invalid and not supported by the record. The reasons given for departure were based on (1) the defendant’s prior criminal history, (2) the facts of the case, and (3) a perceived disregard for the criminal justice system. A prior criminal record has repeatedly been found an invalid reason for departure. We have considered the other reasons as they relate to this record and find that neither will support departure. We therefore reverse Young’s sentence and remand for resentencing within the guidelines recommended range.

Reversed and remanded.

SCHOONOVER, A.C.J., and LEHAN, J., concur.

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THREADGILL, Judge.

Appellant, Frances Young, appeals her five-year sentence for second degree grand theft, claiming that the trial court’s reasons for upward departure from the guidelines are invalid and not supported by the record. The reasons given for departure were based on (1) the defendant’s prior criminal history, (2) the facts of the case, and (3) a perceived disregard for the criminal justice system. A prior criminal record has repeatedly been found an invalid reason for departure. We have considered the other reasons as they relate to this record and find that neither will support departure. We therefore reverse Young’s sentence and remand for resentencing within the guidelines recommended range.

Reversed and remanded.

SCHOONOVER, A.C.J., and LEHAN, J., concur.

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Bluebook (online)

519 So. 2d 704, 13 Fla. L. Weekly 353, 1988 Fla. App. LEXIS 446, 1988 WL 7063, Counsel Stack Legal Research, https://law.counselstack.com/opinion/young-v-state-fladistctapp-1988.