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492 So. 2d 462

492 So.2d 462

11 Fla.L.Weekly 1735

McCarthy v. State

District Court of Appeal of Florida · decided 1986-08-07

Cited by 1 later decisions — most recently May 1987

1 state decisions

Relies on 476 So. 2d 158 - Albritton v. State · 468 So. 2d 276 - Von Carter v. State · 483 So. 2d 13 - Brinson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1986-08-07

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COWART, Judge.

¶1This is another sentencing guidelines departure case.

¶2We 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 1985); Von Carter v. State, 468 So.2d 276 (Fla. 1st DCA 1985); Thomas v. State, 461 So.2d 274 (Fla. 5th DCA 1985).

¶3Pursuant to Albritton v. State, 476 So.2d 158 (Fla.1985), the sentence is vacated and the cause remanded to impose either the recommended guideline sentence or a departure sentence in conformity with the sentencing guidelines (Fla.R.Crim.P. 3.701).

¶4CONVICTIONS AFFIRMED; SENTENCE VACATED; CAUSE REMANDED.

UPCHURCH, C.J., and ORFINGER, J., concur.
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