Opinion
No. 89-1549.
February 13, 1990.
An Appeal from the Circuit Court for Dade County; Roy T. Gelber, Judge.
Robert A. Butterworth, Atty. Gen., and Roberta G. Mandel, Asst. Atty. Gen., for appellant.
Bennett H. Brummer, Public Defender, and Marti Rothenberg, Asst. Public Defender, for appellee.
Before HUBBART, COPE and GODERICH, JJ.
While the departure order is inartfully drawn, the second and third reasons, read in light of the trial court's remarks at sentencing, were intended to mean, and are sustainable under, point five of State v. McMullen, 529 So.2d 821, 823 (Fla. 3d DCA 1988). See also State v. Sachs, 526 So.2d 48, 50 (Fla. 1988).
Affirmed.