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506 So. 2d 1144

506 So.2d 1144

12 Fla.L.Weekly 1191

Sumler v. State

District Court of Appeal of Florida · decided 1987-05-08

Cited by 2 later decisions — most recently March 1989

2 state decisions

Relies on 476 So. 2d 158 - Albritton v. State · 500 So. 2d 526 - State v. Pentaude

Good law ✅— No negative treatment on recordhow we know

Decided 1987-05-08

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BARFIELD, Judge.

¶1Sophia Sumler appeals the departure sentence based upon five reasons given by the trial court in sentencing her for aggravated child abuse and for child abuse, following revocation of probation. We find the only valid reasons to be the second and fourth reasons when they are considered together. That reason is that appellant was on probation for child abuse when she abused her physically helpless 15 month-old child. We find this to be valid as it refers to the character of appellant’s conduct for which *1145probation was being revoked. State v. Pentaude, 500 So.2d 526 (Fla.1987). However, we are unable to say the trial court would have departed to the extent it did based upon the valid reasons alone. Albritton v. State, 476 So.2d 158 (Fla.1985).

¶2The case is therefore REVERSED and REMANDED for resentencing.

THOMPSON and ZEHMER, JJ., concur.
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