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Finklea v. State

District Court of Appeal of Florida, First District
Oct 28, 1986
496 So. 2d 230 (Fla. Dist. Ct. App. 1986)

Opinion

Nos. BJ-252, BJ-255.

October 28, 1986.

Appeal from the Circuit Court for Escambia County; William S. Rowley, Judge.

Michael E. Allen, Public Defender and Kenneth D. Driggs, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., John M. Koenig, Jr. and Wallace E. Allbritton, Asst. Attys. Gen., Tallahassee, for appellee.


Appellant appeals the trial court's departure from the recommended guideline sentence of 9-12 years' incarceration to a term of natural life. We find that the trial judge's reasons for departure are invalid in that they have already been factored into the guideline sentence.

The case is reversed with directions to resentence the appellant within the recommended range provided by the guidelines. Williams v. State, 492 So.2d 1308 (Fla. 1986).

WIGGINTON and BARFIELD, JJ., concur.


Summaries of

Finklea v. State

District Court of Appeal of Florida, First District
Oct 28, 1986
496 So. 2d 230 (Fla. Dist. Ct. App. 1986)
Case details for

Finklea v. State

Case Details

Full title:LEON D. FINKLEA, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Oct 28, 1986

Citations

496 So. 2d 230 (Fla. Dist. Ct. App. 1986)

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