Jimenez v. State
Jimenez v. State
Opinion of the Court
In this appeal; we find a sufficient factual basis to support the trial court’s revocation of the appellant’s probation. See Evans v. State, 427 So.2d 1082 (Fla. 1st DCA 1983); Kord v. State, 361 So.2d 800 (Fla. 3d DCA 1978). However, we do find a sentencing error. In imposing sentence in the instant case, the trial judge departed from the presumptive sentence for several invalid reasons, see Keyes v. State, 500 So.2d 134 (Fla. 1986); Lerma v. State, 497 So.2d 736 (Fla. 1986); Williams v. State, 492 So.2d 1308 (Fla. 1986); Scurry v. State, 489 So.2d 25 (Fla. 1986); Hankey v. State, 485 So.2d 827 (Fla. 1986); Hendsbee v. State, 497 So.2d 718 (Fla. 2d DCA 1986); Chandler v. State, 490 So.2d 221 (Fla. 2d DCA 1986), as well as some valid reasons. Since we are not convinced beyond a reasonable
Accordingly, we affirm the judgment but reverse the sentence and remand for resen-tencing consistent herewith.
Affirmed in part, reversed and remanded with directions.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.