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499 So. 2d 7

499 So.2d 7

11 Fla.L.Weekly 2497

Dugues v. State

District Court of Appeal of Florida

Decided November 26, 1986

District Court of Appeal of Florida · decided 1986-11-26

Cited by 1 later decisions — most recently September 1987

1 state decisions

Relies on 498 So. 2d 863 - Whitehead v. State · 438 So. 2d 1 - Palmer v. State · 485 So. 2d 1283 - State v. Jones

Good law ✅— No negative treatment on recordhow we know

Decided 1986-11-26

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PER CURIAM.

¶1Appellant, Mario C. Dugues, appeals his sentence for burglary of a dwelling with a firearm and two counts of robbery with a firearm. We reverse and remand for resentencing for the following reasons. First, the trial court erred in that no written reasons for departure from the sentencing guidelines were given. State v. Johnson, 486 So.2d 535, 536 (Fla.1986). Second, the trial court erred in imposing two consecutive mandatory minimum firearm sentences because when two counts of robbery occur simultaneously and as part of the same criminal episode, the sentences must be served concurrently and not consecutively. Palmer v. State, 438 So.2d 1 (Fla.1983), opinion approved, State v. Suarez, 485 So.2d 1283 (Fla.1986). Third, even if the reasons for departure had been written, the trial court erred in using the habitual offender status of the defendant as a reason for departure from the recommended guidelines sentence. Whitehead v. State, 498 So.2d 863 (Fla.1986).

¶2REVERSED AND REMANDED FOR RESENTENCING.

HERSEY, C.J., and DOWNEY and GUNTHER, JJ„ concur.
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