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State v. Zaiser

District Court of Appeal of Florida, Fifth District
Aug 3, 1989
546 So. 2d 1181 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-1458.

August 3, 1989.

Appeal from the Circuit Court for Brevard County; Charles M. Harris, Judge.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Colin Campbell, Asst. Atty. Gen., Daytona Beach, for appellant.

John R. Parker, Titusville, for appellee.


This is an appeal from a guidelines departure sentence.

The trial judge departed downwards from the recommended guidelines sentence and gave two reasons: "no prior record" and "recommendation of probation office." Neither reason is a valid reason for departure. Sanders v. State, 510 So.2d 296 (Fla. 1987); State v. D'Alexander, 496 So.2d 1007 (Fla. 2d DCA 1986); Montgomery v. State, 489 So.2d 1225 (Fla. 5th DCA 1986).

SENTENCE VACATED; REMANDED.

ORFINGER, J., concurs.

SHARP, J., dissents without opinion.


Summaries of

State v. Zaiser

District Court of Appeal of Florida, Fifth District
Aug 3, 1989
546 So. 2d 1181 (Fla. Dist. Ct. App. 1989)
Case details for

State v. Zaiser

Case Details

Full title:STATE OF FLORIDA, APPELLANT, v. DAVID LEE ZAISER, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Aug 3, 1989

Citations

546 So. 2d 1181 (Fla. Dist. Ct. App. 1989)