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Martin v. State

District Court of Appeal of Florida, Fifth District
Feb 27, 1986
483 So. 2d 562 (Fla. Dist. Ct. App. 1986)

Opinion

No. 85-940.

February 27, 1986.

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

James B. Gibson, Public Defender, and Larry B. Henderson, 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 another appeal from a guideline departure sentence and, once again, we are compelled to reverse as the reasons for departure given by the lower court were invalid. See Florida Rule of Criminal Procedure 3.701(b)(1); Hendrix v. State, 475 So.2d 1218 (Fla. 1985); Monti v. State, 480 So.2d 223 (Fla. 5th DCA 1985); Thompson v. State, 478 So.2d 462 (Fla. 1st DCA 1985); Mischler v. State, 458 So.2d 37 (Fla. 4th DCA 1984).

REVERSED and REMANDED for resentencing pursuant to the guidelines, absent clear and convincing reasons for departure.

COBB, C.J., and ORFINGER and COWART, JJ., concur.


Summaries of

Martin v. State

District Court of Appeal of Florida, Fifth District
Feb 27, 1986
483 So. 2d 562 (Fla. Dist. Ct. App. 1986)
Case details for

Martin v. State

Case Details

Full title:BEN FRANKLIN MARTIN, JR., APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Feb 27, 1986

Citations

483 So. 2d 562 (Fla. Dist. Ct. App. 1986)