Public-domain · open source
OpenJurist

530 So. 2d 1000

530 So.2d 1000

13 Fla.L.Weekly 1982

Sitar v. State

District Court of Appeal of Florida

Decided August 24, 1988

District Court of Appeal of Florida · decided 1988-08-24

Cited by 3 later decisions — most recently March 1990

3 state decisions

Relies on 528 So. 2d 112 - Abt v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1988-08-24

View the full empirical analysis of this case →

GUNTHER, Judge.

¶1We affirm the conviction and sentence imposed by the trial court.

¶2Although defendant raises several points on appeal, only one requires comment. Defendant asserts that the trial court erred in aggravating his sentence. Although three of the four reasons for departing upward from the sentencing guidelines were invalid, one reason was valid. The valid reason was that the defendant initially left the scene of the accident, returned but rendered no aid to his victim, and then again fled the scene of the accident. Since the trial court articulated a valid reason for departure, we affirm the sentence. § 921.001(5), Fla.Stat. (1987); Abt v. State, 528 So.2d 112, (Fla. 4th DCA 1988).

¶3AFFIRMED.

DOWNEY, J., concurs.STONE, J., concurs specially with opinion.
STONE, Judge,

¶4concurring specially.

¶5I concur separately only to note, for the benefit of the trial court, that in my judgment the first reason listed for departing from the guidelines was also valid.

/530/so2d/1000 · .json · Public domain