McCarthy v. State, 492 So. 2d 462 (Fla. 5th DCA 1986). · Go Syfert
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McCarthy v. State, 492 So. 2d 462 (Fla. 5th DCA 1986). Cases Citing This Book View Copy Cite
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Willie J. McCarthy, Jr., Appellant/Cross-Appellee
v.
STATE of Florida, Appellee/Cross-Appellant
No. 85-1443.
District Court of Appeal of Florida, Fifth District.
Aug 7, 1986.
492 So. 2d 462
James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant/cross-appel-lee., Jim Smith, Atty. Gen., Tallahassee, and Paula C. Coffman, Asst. Atty. Gen., Dayto-na Beach, for appellee/cross-appellant.
Cowart, Orfinger, Upchurch.
Cited by 1 opinion  |  Published
COWART, Judge.

This is another sentencing guidelines departure case.

We affirm the convictions but reverse the sentence which departed downward from the recommended guideline sentence. The four reasons given for departure consist in substance of but two reasons, viz: the defendant’s young age and the need to bring the defendant’s sentence into parity with the sentence imposed on certain co-defendants. To make one defendant's sentence more consistent with sentences imposed upon co-defendants is not a valid ground for imposing a departure sentence. See Brinson v. State, 483 So.2d 13 (Fla. 1st DCA 1985); Von Carter v. State, 468 So.2d 276 (Fla. 1st DCA 1985); Thomas v. State, 461 So.2d 274 (Fla. 5th DCA 1985).

Pursuant to Albritton v. State, 476 So.2d 158 (Fla.1985), the sentence is vacated and the cause remanded to impose either the recommended guideline sentence or a departure sentence in conformity with the sentencing guidelines (Fla.R.Crim.P. 3.701).

CONVICTIONS AFFIRMED; SENTENCE VACATED; CAUSE REMANDED.

UPCHURCH, C.J., and ORFINGER, J., concur.