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528 So. 2d 1369

528 So.2d 1369

13 Fla.L.Weekly 1914

Knox v. State

District Court of Appeal of Florida · decided 1988-08-09

Relies on 476 So. 2d 158 - Albritton v. State · 509 So. 2d 1104 - Griffis v. State · State v. Mesa

Decided 1988-08-09

PER CURIAM.

¶1Wilfred Knox appeals his sentence of thirty years’ incarceration. We reverse.

¶2Knox was convicted of strong-arm robbery, a second-degree felony under section 812.13(2)(c), Florida Statutes (1985), punishable by a statutory maximum of fifteen years’ incarceration under section 775.-082(3)(c), Florida Statutes (1985). The sentencing guidelines recommended range was nine-to-twelve years’ incarceration. The trial court departed from the presumptive guidelines sentence and sentenced Knox to the statutory maximum and listed seven written reasons for exceeding the guidelines. The trial court subsequently granted the state’s motion to enhance Knox’s sentence under the habitual offender statute, section 775.084, and increased Knox’s sentence to thirty years’ incarceration.

¶3The state concedes that four of the seven departure reasons are invalid. Although the trial court indicated that each reason, standing alone, would warrant departure, we find that the state has not met its burden of proving beyond a reasonable doubt that the sentence would have been the same without the invalid reasons. Griffis v. State, 509 So.2d 1104 (Fla.1987); Albritton v. State, 476 So.2d 158 (Fla. 1985); State v. Mesa, 520 So.2d 328 (Fla. 3d DCA 1988). We, therefore, reverse and remand for the trial court to consider the three remaining reasons for departure and resentence Knox accordingly.

¶4Reversed and remanded for resentenc-ing.

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