Morganti v. State
District Court of Appeal of Florida
1Per curiam
We affirm the appellant’s conviction but reverse for resentencing. Whitehead v. State, 498 So.2d 863 (Fla.1986). The defendant’s juvenile record may be a valid reason for departure. Myrick v. State, 497 So.2d 728 (Fla. 2d DCA 1986); Riddle v. State, 488 So.2d 903 (Fla. 5th DCA 1986). However, the state has not shown beyond a reasonable doubt that the sentence would have been the same without the impermissible reasons. Griffis v. State, 509 So.2d 1104 (Fla.1987); Albritton v. State, 476 So.2d 158 (Fla.1985).
DOWNEY, ANSTEAD and STONE, JJ., concur.
2Cases cited5 opinions
- Albritton v. StateSupreme Court of Florida · 1985
- Whitehead v. StateSupreme Court of Florida · 1986
- Griffis v. StateSupreme Court of Florida · 1987
- Riddle v. StateDistrict Court of Appeal of Florida · 1986
- Myrick v. StateDistrict Court of Appeal of Florida · 1986
3Cited by1 opinion
- Love v. StateDistrict Court of Appeal of Florida · 1987