Opinion
No. 87-1787.
March 30, 1988.
Appeal from the Circuit Court for Bay County; Judge N. Russell Bower.
Michael E. Allen, Public Defender, and Carl S. McGinnes, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Elizabeth C. Masters, Asst. Atty. Gen., for appellee.
Appellant argues in his initial brief that the trial court's reasons for departing from the sentencing guidelines were not clear and convincing. As appellee's answer brief concedes that the reasons given were not valid, this cause is reversed and remanded for resentencing within the guidelines.
ERVIN, WENTWORTH and THOMPSON, JJ., concur.