Diaz v. State
Diaz v. State
Opinion of the Court
Luis Diaz, convicted of armed burglary, accompanied by an assault or battery, armed kidnapping for ransom, armed robbery, and aggravated child abuse, has appealed from the sentences imposed for his criminal conduct. We reverse and remand for resentenc-ing.
First, the trial court departed from the recommended sentence without providing contemporaneous written reasons for departure. Therefore, on remand, Diaz must be resenteneed within the guidelines.
Second, the trial court imposed consecutive three-year minimum mandatory terms for the use of a firearm in both the armed robbery and kidnapping. The record reveals, however, that the robbery occurred during the course of the kidnapping when Diaz took the mother’s ear keys and money from her purse as he abducted her son. The trial court’s reasoning was that the armed robbery occurred when Diaz picked up the ransom money. We have found no authority even suggesting that gaining possession of
Reversed and remanded for resentencing in conformity with this opinion and within the guidelines.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.