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Cubberly v. State

District Court of Appeal of Florida, Fourth District
Nov 20, 1985
477 So. 2d 648 (Fla. Dist. Ct. App. 1985)

Opinion

No. 84-2004.

October 23, 1985. Rehearing Denied November 20, 1985.

Appeal from the Circuit Court for Broward County; Patricia W. Cocalis, Judge.

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Lee Rosenthal, Asst. Atty. Gen., West Palm Beach, for appellee.


We affirm appellant's conviction but reverse his sentence. The reasons articulated by the trial court as a basis for its departure from the sentencing guidelines do not constitute clear and convincing reasons. Therefore, we remand this matter to the trial court with directions to sentence appellant within the guidelines.

AFFIRMED IN PART, REVERSED IN PART and REMANDED.

ANSTEAD, DELL and WALDEN, JJ., concur.


Summaries of

Cubberly v. State

District Court of Appeal of Florida, Fourth District
Nov 20, 1985
477 So. 2d 648 (Fla. Dist. Ct. App. 1985)
Case details for

Cubberly v. State

Case Details

Full title:DAVID LEONARD CUBBERLY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Nov 20, 1985

Citations

477 So. 2d 648 (Fla. Dist. Ct. App. 1985)