SPIKES v. STATE

No. 89-2876.

570 So.2d 1132 (1990)

Frankie Lee SPIKES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 11, 1990.


Attorney(s) appearing for the Case

Barbara Lithicum, Public Defender, P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Edward C. Hill, Jr., Asst. Atty. Gen., Tallahassee, for appellee.


SMITH, Judge.

We affirm appellant's convictions for first degree murder and first degree arson. However, the state concedes the trial court gave a departure sentence for the arson conviction without a sentencing guidelines scoresheet and without giving written reasons for the departure. The trial court was mistakenly advised by the state and thus assumed that because appellant was being sentenced simultaneously for a capital offense, that it was not bound by the guidelines...

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