Florida District Courts of Appeal, 1987

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)

Cases that cite this one

1 later published case cites this decision.

Love v. State (Fla. Dist. Ct. App. 1987)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.