State v. Stone

Full title: STATE OF FLORIDA, APPELLANT, v. ALFRED T. STONE, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Dec 2, 1992

608 So. 2d 941 (Fla. Dist. Ct. App. 1992)

Opinion

No. 92-01154.

December 2, 1992.

Appeal from the Circuit Court for Lee County; Bob Barker, Judge.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Elaine L. Thompson, Asst. Atty. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender, and Cynthia J. Dodge, Asst. Public Defender, Bartow, for appellee.

HALL, Judge.

We affirm Alfred Stone's downward departure sentence since the reasons given in support thereof are supported by clear and convincing evidence and only one is invalid. Sanders v. State, 510 So.2d 296 (Fla. 1987) (lack of prior record cannot be a basis for a downward departure sentence).

We remand for correction of Stone's scoresheet in accordance with Karchesky v. State, 591 So.2d 930 (Fla. 1992).

Affirmed but remanded.

DANAHY, A.C.J., and PATTERSON, J., concur.