Opinion
No. 87-3000.
July 5, 1988.
An Appeal from the Circuit Court for Dade County; Ellen J. Morphonios, Judge.
Bennett H. Brummer, Public Defender and N. Joseph Durant, Jr., Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen. and Margarita Muina Febres, Asst. Atty. Gen., for appellee.
Before SCHWARTZ, C.J., and NESBITT and FERGUSON, JJ.
The reasons assigned below for a substantial upwards departure from the sentencing guidelines are either insufficient as a matter of law, Scurry v. State, 489 So.2d 25 (Fla. 1986); Watkins v. State, 498 So.2d 576 (Fla. 3d DCA 1986); Carnegie v. State, 498 So.2d 1020 (Fla. 2d DCA 1986); see generally Steiner v. State, 469 So.2d 179 (Fla. 3d DCA 1985), pet. for review denied, 479 So.2d 118 (Fla. 1985), or were not, as required, established beyond a reasonable doubt as a matter of fact. State v. Mischler, 488 So.2d 523 (Fla. 1986). Consequently, the sentence under review is reversed and the cause remanded with directions to resentence the defendant within the guidelines.