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State v. Forehand

District Court of Appeal of Florida, Fifth District
May 28, 1987
507 So. 2d 802 (Fla. Dist. Ct. App. 1987)

Opinion

No. 86-1657.

May 28, 1987.

Appeal from the Circuit Court for Brevard County; John Dean Moxley, Jr., Judge.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph D'Achille, Jr., Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender, and Christopher S. Quarles, Asst. Public Defender, Daytona Beach, for appellee.


The state appeals the sentence imposed on Forehand after he negotiated a plea and pled nolo contendere to grand theft, burglary of a dwelling, and petit theft. The parties had stipulated Forehand would be sentenced to two and one-half to three years with the condition there be no consecutive probation. Instead, the trial court departed downward and sentenced Forehand respectively on the three charges to one year and one day, fifteen years concurrent probation and time served.

§§ 812.014(1), (2)(b)1 812.015(1), Fla. Stat. (1985).

§§ 812.014(1)(a), (b) (2)(c), Fla. Stat. (1985).

The trial judge listed seven reasons for the downward departure, the first three of which are invalid. See Lerma v. State, 497 So.2d 736 (Fla. 1986); State v. Mischler, 488 So.2d 523 (Fla. 1986); Dowling v. State, 496 So.2d 1001 (Fla. 5th DCA 1986); State v. Taylor, 482 So.2d 578 (Fla. 5th DCA 1986). We make no comment as to the validity of the remaining four reasons because there is no clear authority on these issues. Since it is not clear that, absent the invalid reasons the trial court would have imposed the same sentence, we must reverse and remand. Albritton v. State, 476 So.2d 158 (Fla. 1985).

REVERSED AND REMANDED.

ORFINGER and COWART, JJ., concur.


Summaries of

State v. Forehand

District Court of Appeal of Florida, Fifth District
May 28, 1987
507 So. 2d 802 (Fla. Dist. Ct. App. 1987)
Case details for

State v. Forehand

Case Details

Full title:STATE OF FLORIDA, APPELLANT, v. JIMMY LEE FOREHAND, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: May 28, 1987

Citations

507 So. 2d 802 (Fla. Dist. Ct. App. 1987)