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550 So. 2d 164

550 So.2d 164

14 Fla.L.Weekly 2487

Hamilton v. State

District Court of Appeal of Florida

Decided October 20, 1989

District Court of Appeal of Florida · decided 1989-10-20

Cited by 4 later decisions — most recently July 1998

4 state decisions

Relies on 475 So. 2d 1218 - Hendrix v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-10-20

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CAMPBELL, Chief Judge.

¶1Appellant, Vincent V. Hamilton, was found guilty of first degree murder and armed burglary and was sentenced to life, with a twenty-five-year minimum mandatory term for the murder conviction and a five year term for the armed burglary conviction.

¶2Appellant raises three issues of which we find merit in and discuss only the sentencing issue regarding the five-year sentence imposed on the armed burglary conviction that was to be served concurrently with the murder sentence. The guidelines recommended a sentence of two-and-one-half to three-and-one-half years. The court did not offer written reasons for the departure sentence. This was error under Hendrix v. State, 475 So.2d 1218 (Fla.1985); Fla.R. Crim.P. 3.701(b)6; Fla.R.Crim.P. 3.701(d)ll.

¶3Accordingly, while we affirm the convictions, we reverse and remand the sentence on the armed burglary conviction for resen-tencing within the guidelines range.

SCHOONOVER and PATTERSON, JJ., concur.
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