¶1We affirm appellant’s conviction for burglary and sexual battery, but reverse the sentences and remand for resentencing. The trial court stated three specific grounds for departure from the sentencing guidelines and several additional grounds appear in the body of the Order for Aggravation of Sentence. One of the stated grounds is invalid: “that the defendant perjured himself during his testimony.” The state has not shown beyond a reasonable doubt that the absence of this invalid reason would not have affected the departure sentence. Albritton v. State, 476 So.2d 158 (Fla.1985). We remand for reconsideration of the sentence without taking into account the purported perjury.
479 So. 2d 816
479 So.2d 816
10 Fla.L.Weekly 2734
Racino v. State
District Court of Appeal of Florida
Decided December 11, 1985
District Court of Appeal of Florida · decided 1985-12-11
Relies on 476 So. 2d 158 - Albritton v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1985-12-11
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Cited by 16 later decisions — most recently March 2005
16 state decisions
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