Public-domain · open source
OpenJurist

571 So. 2d 12

Bergling v. State

District Court of Appeal of Florida · decided 1990-06-15

Cited by 1 later decisions — most recently June 1995

1 state decisions

Relies on 515 So. 2d 748 - Shull v. Dugger · 554 So. 2d 506 - State v. Simpson · Nodal v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1990-06-15

View the full empirical analysis of this case →

SCHOONOVER, Acting Chief Judge.

¶1The appellant, Ted James Bergling, challenges the judgments and sentences entered pursuant to jury verdicts finding him *13guilty of conspiracy to traffic in twenty-eight grams of cocaine, sale of twenty-eight grams of cocaine, possession of marijuana, and possession of drug paraphernalia.

¶2We find no merit in any of the appellant’s contentions concerning the convictions and, accordingly, affirm them. We also find no merit in the appellant’s contention that the court erred in imposing a mandatory minimum sentence in conjunction with the guidelines sentence he received. Ent v. State, 558 So.2d 101 (Fla.2d DCA 1990); McNair v. State, 540 So.2d 896 (Fla.1st DCA 1989).

¶3We agree, however, with the appellant’s contention that the court improperly departed from the guidelines when sentencing him. All of the reasons given by the trial court to support an upward departure from the guidelines were either invalid, or not supported by the record. Nodal v. State, 524 So.2d 476 (Fla.2d DCA 1988); Lewis v. State, 558 So.2d 170 (Fla. 5th DCA 1990). See also State v. Simpson, 554 So.2d 506 (Fla.1989).

¶4We, therefore, affirm the convictions, but reverse the sentences and remand for resentencing within the guidelines. Shull v. Dugger, 515 So.2d 748 (Fla.1987).

¶5Affirmed in part, reversed in part, and remanded.

LEHAN and PATTERSON, JJ., concur.
/571/so2d/12 · .json · Public domain