Hubert v. State

I agree the sentence in this case should be quashed and the cause remanded for resentencing, and the imposition of costs stricken. The reasons given by the court for the departure sentence in this case *617might, in my view, be sufficient to sustain a sentence beyond the presumptive sentence range of the guidelines1 were they adequately supported by the record.

We have held that excessive use of force and victim injury and trauma may justify imposition of a departure sentence, Lerma v. State, 476 So.2d 275 (Fla. 5th DCA 1985). This is not simply a double counting of the necessary elements of…