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Clement v. State

District Court of Appeal of Florida, Fourth District
Jun 24, 1987
508 So. 2d 573 (Fla. Dist. Ct. App. 1987)

Opinion

No. 4-86-0353.

June 24, 1987.

Appeal from the Circuit Court for Broward County; Mark A. Speiser, Judge.

Howard L. Finkelstein of Finkelstein and Dallas, P.A., Fort Lauderdale, for appellant.

Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, and Robert L. Teitler, Asst. Atty. Gen., West Palm Beach, for appellee.


Upon remand for resentencing after this court reversed appellant's initial sentence for failure of the trial court to give written reasons for departure, Clement v. State, 468 So.2d 467 (Fla. 4th DCA 1985), a sentence constituting a one-cell departure was imposed and is here appealed.

Because we find that none of the reasons given for departure meet the criteria of "clear and convincing," we again reverse and remand with instructions that appellant be sentenced within the guidelines.

REVERSED and REMANDED with INSTRUCTIONS.

HERSEY, C.J., ANSTEAD and GLICKSTEIN, JJ., concur.


Summaries of

Clement v. State

District Court of Appeal of Florida, Fourth District
Jun 24, 1987
508 So. 2d 573 (Fla. Dist. Ct. App. 1987)
Case details for

Clement v. State

Case Details

Full title:MICHAEL PATRICK CLEMENT, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jun 24, 1987

Citations

508 So. 2d 573 (Fla. Dist. Ct. App. 1987)