Dependency Law Finder

Florida's dependency statutes, court rules and DCF operating procedures, with the appellate opinions that apply them

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Gotay v. State549 So. 2d 1034 (Fla. Dist. Ct. App. 1989) · DCA88-0574

Court
District Court of Appeal
Decided
1989-07-12
Law cited
§ 39.111(7)
On CourtListener

ON MOTION FOR REHEARING

PER CURIAM.

We grant appellant’s motion for rehearing. We withdraw the opinion issued March 15, 1989 and substitute the following opinion:

We affirm appellant’s conviction of aggravated battery and trespass. We reverse appellant’s sentence.

The record does not support the trial court’s departure based upon an escalating pattern of criminal behavior. See Gales v. State, 515 So.2d 431 (Fla. 4th DCA 1987); Davis v. State, 534 So.2d 821 (Fla. 4th DCA 1988). We also find no support in the record for the trial court’s departure based upon appellant’s juvenile record and severe and continuing emotional trauma of the victims.

The state concedes that the trial court did not comply with section 39.111(7), Florida Statutes (Supp.1986) when it sentenced appellant as an adult. Accordingly, we reverse the sentence imposed and remand this cause to the trial court for compliance *1035with section 39.111(7), and for resentenc-ing.

REVERSED and REMANDED.

LETTS, DELL and GUNTHER, JJ., concur.

Opinion text: CourtListener, Free Law Project. Not an official reporter; check the court's version before citing.