Benson v. State, 733 So. 2d 1161 (Fla. 3d DCA 1999). · Go Syfert
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Benson v. State, 733 So. 2d 1161 (Fla. 3d DCA 1999). Cases Citing This Book View Copy Cite
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William Joseph BENSON
v.
STATE of Florida
No. 98-522.
District Court of Appeal of Florida, Third District.
Jun 30, 1999.
733 So. 2d 1161
Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Assistant Public Defender, for appellant., Robert A. Butterworth, Attorney General, and Roberta G. Mandel, Assistant Attorney General, for appellee.
Fletcher, Gersten, Goderich.
Published
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.