Opinion
No. 86-1626.
December 3, 1987.
Appeal from the Circuit Court for Brevard County; Charles M. Harris, Judge.
James B. Gibson, Public Defender, and Michael L. O'Neill, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Pamela D. Cichon, Asst. Atty. Gen., Daytona Beach, for appellee.
The defendant, Gregory Quince, was convicted of attempted arson of a dwelling. The trial court departed from the sentencing guidelines, enumerating some five reasons for departure, only one of which is valid under the law and factual evidence: that the defendant created a great risk of injury or death to multiple victims. See Scurry v. State, 489 So.2d 25 (Fla. 1986). Pursuant to Albritton v. State, 476 So.2d 158 (Fla. 1985), we reverse the sentence and remand for resentencing.
See also Griffis v. State, 509 So.2d 1104 (Fla. 1987) (a statement by the trial court that it would depart for any one of several enumerated reasons does not satisfy Albritton).
SENTENCE REVERSED; REMANDED.
DAUKSCH and COWART, JJ., concur.