Smith v. State

Full title: RONALD MASS SMITH A/K/A ROAN MASS SMITH, APPELLANT, v. STATE OF FLORIDA…

Court: District Court of Appeal of Florida, Fourth District

Date published: Nov 25, 1987

515 So. 2d 1056 (Fla. Dist. Ct. App. 1987)

Opinion

No. 4-86-2538.

November 25, 1987.

Appeal from the Circuit Court for Broward County; Mark A. Speiser, Judge.

Richard L. Jorandby, Public Defender, and Margaret Good, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, and Diane E. Leeds, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We affirm appellant's conviction but reverse the sentencing order because we find several of the trial judge's reasons for deviating from the guidelines to be improper. See the companion case of Love v. State, 515 So.2d 364, (Fla. 4th DCA 1987). We remand for resentencing in accord with the holding in Albritton v. State, 476 So.2d 158 (Fla. 1985).

HERSEY, C.J., ANSTEAD and DELL, JJ., concur.