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Wade v. State

District Court of Appeal of Florida, First District
May 15, 1986
488 So. 2d 99 (Fla. Dist. Ct. App. 1986)

Opinion

No. AY-285.

April 9, 1986. On Motion for Rehearing May 15, 1986.

Appeal from the Circuit Court for Okaloosa County; Erwin Fleet, Judge.

Michael E. Allen, Public Defender, and Glenna Joyce Reeves, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and Wallace E. Allbritton, Asst. Atty. Gen., Tallahassee, for appellee.


Upon reconsideration pursuant to the mandate of the Supreme Court of Florida we apply the rule in Albritton v. State, 476 So.2d 158 (Fla. 1985), and affirm the trial court's departure from the presumptive sentencing guidelines.

Although, in this case, both valid and invalid reasons for departure were given, the State has demonstrated beyond a reasonable doubt that the absence of the invalid reasons would not have affected the departure sentence. Accordingly, we affirm.

BOOTH, C.J., SHIVERS, J., and TILLMAN PEARSON (Ret.), Associate Judge, concur.


ON MOTION FOR REHEARING


Motion for rehearing is granted for the purpose of considering the following supplemental authorities cited by appellant:

State v. Mischler, 488 So.2d 523 (Fla. 1986).

State v. Cote, 487 So.2d 1039 (Fla. 1986).

Hankey v. State, 485 So.2d 827 (Fla. 1986).

After consideration, we adhere to the original opinion.

BOOTH, C.J., SHIVERS, J., and TILLMAN PEARSON (Ret.), Associate Judge, concur.


Summaries of

Wade v. State

District Court of Appeal of Florida, First District
May 15, 1986
488 So. 2d 99 (Fla. Dist. Ct. App. 1986)
Case details for

Wade v. State

Case Details

Full title:DONALD WADE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: May 15, 1986

Citations

488 So. 2d 99 (Fla. Dist. Ct. App. 1986)