Opinion
No. 84-2255.
October 16, 1985. Rehearing, Clarification and/or Certification Denied November 7, 1985.
Appeal from the Circuit Court for Broward County; Thomas M. Coker, Jr., Judge.
Richard L. Jorandby, Public Defender, and Margaret Good, Asst. Public Defender, West Palm Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Lee Rosenthal, Asst. Atty. Gen., West Palm Beach, for appellee.
We affirm appellant's conviction but reverse the sentence. We remand this matter to the trial court with directions to sentence the appellant within the guidelines as the reasons articulated by the court do not constitute clear and convincing reasons for departure.
ANSTEAD, HURLEY and BARKETT, JJ., concur.