503 So. 2d 995 | Fla. Dist. Ct. App. | 1987
This is an appeal by the defendant James Clarence McCray from judgments of conviction and sentences for (1) armed burglary of a structure wherein an assault occurred [§ 810.02(2), Fla.Stat. (1985)]; (2) attempted armed robbery [§§ 777.04(1), (4)(b), 812.13(2)(a), Fla.Stat. (1985) ]; and (3) attempted armed sexual battery [§§ 777.-04(1), (4)(b), 794.011(3), Fla.Stat. (1985)], which were entered upon adverse jury verdicts returned below. The defendant McCray raises two points on appeal: (1) the trial court committed reversible error in denying a defense motion for mistrial based on an alleged improper remark of the prosecuting attorney in his final argument to the jury, and (2) the trial court erred in departing from the sentencing guidelines in this case. We affirm the judgments of conviction but reverse the sentences.
The final judgments under review are affirmed; the sentences under review are reversed and the cause is remanded to the trial court with directions to sentence the defendant within the sentencing guidelines.
Affirmed in part; reversed in part and remanded.