¶1We affirm the appellant’s conviction but reverse for resentencing. Whitehead v. State, 498 So.2d 863 (Fla.1986). The defendant’s juvenile record may be a valid reason for departure. Myrick v. State, 497 So.2d 728 (Fla. 2d DCA 1986); Riddle v. State, 488 So.2d 903 (Fla. 5th DCA 1986). However, the state has not shown beyond a reasonable doubt that the sentence would have been the same without the impermissible reasons. Griffis v. State, 509 So.2d 1104 (Fla.1987); Albritton v. State, 476 So.2d 158 (Fla.1985).
515 So. 2d 364
515 So.2d 364
12 Fla.L.Weekly 2618
Morganti v. State
District Court of Appeal of Florida
Decided November 12, 1987
District Court of Appeal of Florida · decided 1987-11-12
Cited by 4 later decisions — most recently February 1990
4 state decisions
Relies on 476 So. 2d 158 - Albritton v. State · 498 So. 2d 863 - Whitehead v. State · 509 So. 2d 1104 - Griffis v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1987-11-12
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