Smith v. State

Full title: RILEY BERNARD SMITH, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Oct 9, 1986

495 So. 2d 876 (Fla. Dist. Ct. App. 1986)

Opinion

No. 86-552.

October 9, 1986.

Appeal from Circuit Court, Marion County; Carven D. Angel, Judge.

James B. Gibson, Public Defender, and Christopher S. Quarles, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Joseph N. D'Achille, Jr., Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

None of the reasons for departing from the presumptive guideline sentence given by the lower court in this case presents a valid basis for departure. See Scurry v. State, 489 So.2d 25 (Fla. 1986); Dixon v. State, 492 So.2d 410 (Fla. 5th DCA 1986) and Kirk v. State, 490 So.2d 176 (Fla. 5th DCA 1986). Thus, this case is remanded for resentencing within the presumptive guideline range.

REMANDED.

ORFINGER, COBB and COWART, JJ., concur.