Florida District Courts of Appeal, 1987

Morganti v. State

Morganti v. State
Florida District Courts of Appeal · Decided November 12, 1987 · Anstead, Downey, Stone
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

PER CURIAM.

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).

DOWNEY, ANSTEAD and STONE, JJ., concur.

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