From Casetext: Smarter Legal Research

Easton v. State

District Court of Appeal of Florida, Second District
Jan 22, 1997
687 So. 2d 46 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 95-04067.

Opinion filed January 22, 1997.

Appeal from the Circuit Court for Polk County; Robert L. Doyel, Judge.

James Marion Moorman, Public Defender and Timothy J. Ferreri, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee and Tonja R. Vickers, Assistant Attorney General, Tampa, for Appellee.


Reginald Easton has appealed from a sentence imposed under the guidelines on the ground that the sentence was excessive based on the points scored. He correctly urges that when a trial court erroneously departs from the guidelines in an attempt to impose a youthful offender sentence, the sentence must be reversed. Furthermore, when, as in this case, a trial court is not aware that a departure sentence is being imposed, on remand the court shall have a fresh opportunity to reimpose a departure sentence.Hernandez v. State, 672 So.2d 66 (Fla. 2d DCA 1996); Reed v. State, 681 So.2d 913 (Fla. 4th DCA 1996); Davis v. State, 677 So.2d 1366 (Fla. 4th DCA 1996).

Reversed and remanded for resentencing.

PARKER and WHATLEY, JJ., Concur.


Summaries of

Easton v. State

District Court of Appeal of Florida, Second District
Jan 22, 1997
687 So. 2d 46 (Fla. Dist. Ct. App. 1997)
Case details for

Easton v. State

Case Details

Full title:REGINALD EASTON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jan 22, 1997

Citations

687 So. 2d 46 (Fla. Dist. Ct. App. 1997)

Citing Cases

Fields v. State

Furthermore, the designation of Fields as a youthful offender will not support departure from the guidelines…

Doyle v. State

We disagree. In the absence of written reasons to support the upward departure, even youthful offender…