Florida District Courts of Appeal, 1988

Beceiro-Mesa v. State

Beceiro-Mesa v. State
Florida District Courts of Appeal · Decided November 15, 1988 · Baskin, Ferguson, Jorgenson
533 So. 2d 909; 13 Fla. L. Weekly 2504; 1988 Fla. App. LEXIS 5007; 1988 WL 121468 (Southern Reporter, Second Series)

Beceiro-Mesa v. State

Opinion of the Court

PER CURIAM.

AFFIRMED.

FERGUSON and JORGENSON, JJ., concur.

Dissenting Opinion

BASKIN, Judge

(dissenting).

I dissent because the reasons enunciated by the trial court do not constitute valid justification for departure from the sentencing guidelines under the facts of this case. See Anthony v. State, 524 So.2d 655 (Fla. 1988); Davis v. State, 517 So.2d 670 (Fla. 1987); Mathis v. State, 515 So.2d 214 (Fla. 1987); Vanover v. State, 498 So.2d 899 (Fla. 1986); Williams v. State, 492 So.2d 1308 (Fla. 1986); Crosby v. State, 518 So.2d 477 (Fla. 5th DCA 1988); Brown v. State, 511 So.2d 719 (Fla. 1st DCA 1987). Cf. Traver v. State, 502 So.2d 1009 (Fla. 2d DCA 1987) (semi-invalid left helpless for fifteen hours). β€œAn appellate court must look only to the reasons for departure enumerated by the trial court and must not succumb to the temptation to formulate its own reasons to justify the departure sentence.” Casteel v. State, 498 So.2d 1249, 1252 (Fla. 1986); see Mayo v. State, 518 So.2d 458 (Fla. 4th DCA 1988).

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