Florida District Courts of Appeal, 1999

Benson v. State

Benson v. State
Florida District Courts of Appeal · Decided June 30, 1999 · Fletcher, Gersten, Goderich
733 So. 2d 1161; 1999 Fla. App. LEXIS 8665; 1999 WL 436567 (Southern Reporter, Second Series)

Benson v. State

Opinion of the Court

PER CURIAM.

William Joseph Benson appeals his judgment of conviction and sentence for two counts of lewd assault on a child under the age of sixteen. We conclude that the trial court properly found that the defendant voluntarily absented himself from the trial proceedings, see Capuzzo v. State, 596 So.2d 438 (Fla. 1992); Daniels v. State, 587 So.2d 460 (Fla. 1991); Dufour v. State, 495 So.2d 154, 161 (Fla. 1986), cert. denied, 479 U.S. 1101, 107 S.Ct. 1332, 94 L.Ed.2d 183 (1987), and affirm the judgment of conviction. Because the reasons given for the departure sentence are insufficient, however, we reverse and remand for resentenc-ing.

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