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.