McCarthy v. State
District Court of Appeal of Florida
1Opinion of the Court
COWART, Judge.
This is another sentencing guidelines departure case.
We affirm the convictions but reverse the sentence which departed downward from the recommended guideline sentence. The four reasons given for departure consist in substance of but two reasons, viz: the defendant’s young age and the need to bring the defendant’s sentence into parity with the sentence imposed on certain co-defendants. To make one defendant's sentence more consistent with sentences imposed upon co-defendants is not a valid ground for imposing a departure sentence. See Brinson v. State, 483 So.2d 13 (Fla. 1st DCA…
2Cases cited4 opinions
- Albritton v. StateSupreme Court of Florida · 1985
- Von Carter v. StateDistrict Court of Appeal of Florida · 1985
- Brinson v. StateDistrict Court of Appeal of Florida · 1986
- Thomas v. StateDistrict Court of Appeal of Florida · 1985
3Cited by1 opinion
- Hope v. StateDistrict Court of Appeal of Florida · 1987