499 So. 2d 7

Mario C. DUGUES, Appellant, v. STATE of Florida, Appellee.

No. 84-2572.

District Court of Appeal of Florida, Fourth District.

Nov. 26, 1986.

Rehearing Denied Jan. 14, 1987.

*8Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Noel A. Pelella, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Appellant, Mario C. Dugues, appeals his sentence for burglary of a dwelling with a firearm and two counts of robbery with a firearm. We reverse and remand for resentencing for the following reasons. First, the trial court erred in that no written reasons for departure from the sentencing guidelines were given. State v. Johnson, 486 So.2d 535, 536 (Fla.1986). Second, the trial court erred in imposing two consecutive mandatory minimum firearm sentences because when two counts of robbery occur simultaneously and as part of the same criminal episode, the sentences must be served concurrently and not consecutively. Palmer v. State, 438 So.2d 1 (Fla.1983), opinion approved, State v. Suarez, 485 So.2d 1283 (Fla.1986). Third, even if the reasons for departure had been written, the trial court erred in using the habitual offender status of the defendant as a reason for departure from the recommended guidelines sentence. Whitehead v. State, 498 So.2d 863 (Fla.1986).

REVERSED AND REMANDED FOR RESENTENCING.

HERSEY, C.J., and DOWNEY and GUNTHER, JJ„ concur.

Dugues v. State
499 So. 2d 7

Case Details

Name
Dugues v. State
Decision Date
Nov 26, 1986
Citations

499 So. 2d 7

Jurisdiction
Florida

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