Costantino v. State, 521 So. 2d 338

PER CURIAM.

We affirm the conviction of the defendant. However, we reverse and remand for resentencing to score the defendant’s conviction for two counts of aggravated assault as third degree felonies. See Griffin v. State, 509 So.2d 980 (Fla. 2d DCA 1987). Also, on remand the trial court should set forth written reasons for any departure from the guideline sentence. Boynton v. State, 473 So.2d 703 (Fla. 4th DCA 1985), cert. denied, 475 U.S. 1029, 106 S.Ct. 1232, 89 L.Ed.2d 341 (1986).

AFFIRMED IN PART; REVERSED IN PART; REMANDED FOR RESENTENC-ING.

GLICKSTEIN, GUNTHER and STONE, JJ., concur.

Case Details

Case Name: Costantino v. State

Court Name: District Court of Appeal of Florida

Date Published: Mar 9, 1988

Citations: 521 So. 2d 338; 13 Fla. L. Weekly 638; 1988 Fla. App. LEXIS 870; 1988 WL 18693; No. 87-0740

Docket Number: No. 87-0740

Court Abbreviation: Fla. Dist. Ct. App.