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Clinton v. State

District Court of Appeal of Florida, Fifth District
Aug 13, 1986
492 So. 2d 424 (Fla. Dist. Ct. App. 1986)

Opinion

No. 85-1933.

July 17, 1986. Rehearing Denied August 13, 1986.

Appeal from the Circuit Court for Orange County; Lawrence R. Kirkwood, Judge.

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.


This is an appeal from a guideline sentence. The circuit court judge improperly departed and increased appellant's sentence from the recommended guideline sentence. We vacate the sentence and remand for resentencing. Riddle v. State, 488 So.2d 903 (Fla. 5th DCA 1986); Davis v. State, 487 So.2d 1104 (Fla. 5th DCA 1986); Boldes v. State, 475 So.2d 1356 (Fla. 5th DCA 1985); Burch v. State, 462 So.2d 548 (Fla. 1st DCA 1985).

SENTENCE VACATED; REMANDED.

DAUKSCH, COBB and SHARP, JJ., concur.


Summaries of

Clinton v. State

District Court of Appeal of Florida, Fifth District
Aug 13, 1986
492 So. 2d 424 (Fla. Dist. Ct. App. 1986)
Case details for

Clinton v. State

Case Details

Full title:EARL CLINTON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Aug 13, 1986

Citations

492 So. 2d 424 (Fla. Dist. Ct. App. 1986)