Morganti v. State
Morganti v. State
515 So. 2d 364; 12 Fla. L. Weekly 2618; 1987 Fla. App. LEXIS 10922
(Southern Reporter, Second Series)
Morganti v. State
Opinion of the Court
We affirm the appellant’s conviction but reverse for resentencing. Whitehead v. State, 498 So.2d 863 (Fla. 1986). The defendant’s juvenile record may be a valid reason for departure. Myrick v. State, 497 So.2d 728 (Fla. 2d DCA 1986); Riddle v. State, 488 So.2d 903 (Fla. 5th DCA 1986). However, the state has not shown beyond a reasonable doubt that the sentence would have been the same without the impermissible reasons. Griffis v. State, 509 So.2d 1104 (Fla. 1987); Albritton v. State, 476 So.2d 158 (Fla. 1985).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.