Opinion
No. 4-86-0048.
February 11, 1987.
Appeal and cross appeal from the Circuit Court for Broward County; J. Leonard Fleet, Judge.
Lawrence N. Rosen and Michael J. Rosen of Rosen Rosen, P.A., Miami, for appellant/cross appellee.
Jim Smith, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellee/cross appellant.
We affirm the conviction but vacate the sentence constituting a downward departure from the sentencing guidelines and remand for resentencing and compliance with State v. Jackson, 478 So.2d 1054 (Fla. 1985).
HERSEY, C.J., and DELL and WALDEN, JJ., concur.