Towe v. State
Towe v. State
Opinion of the Court
Defendant, Anthony Towe, has taken this appeal from the departure sentence imposed by the trial court after defendant pleaded guilty to twelve counts of burglary of a structure and two counts of burglary of a dwelling.
Sixteen informations were filed against defendant charging him with twelve counts of burglary- of a structure,
On appeal defendant contends that it was error for the trial court to use as its reason for imposing a departure sentence the fact that defendant had engaged in a crime spree, asserting that under the rulings set forth in State v. Rousseau, 509 So.2d 281 (Fla. 1987) and Mathis v. State, 515 So.2d 214 (Fla. 1987) this reason was clearly invalid. The state properly concedes that Rousseau is controlling and that reversal is required.
Accordingly, the order of the trial court which imposed sentence upon defendant must be vacated and this matter remanded for sentencing within the recommended sentencing guideline range. Shull v. Dugger, 515 So.2d 748 (Fla. 1987).
REVERSED AND REMANDED.
. § 810.02(1), Fla.Stat. (1987).
. § 812.014(2), Fla.Stat. (1987).
. § 812.014(2)(d), Fla.Stat. (1987).
. § 790.07, Fla.Stat. (1987).
. § 810.02(2)(b), Fla.Stat. (1987).
. § 806.13, Fla.Stat. (1987).
Reference
- Full Case Name
- Anthony E. TOWE v. STATE of Florida
- Cited By
- 1 case
- Status
- Published