Alexander v. State

District Court of Appeal of Florida

Alexander v. State

527 So. 2d 952, 13 Fla. L. Weekly 1570, 1988 Fla. App. LEXIS 2825, 1988 WL 67785

CourtDistrict Court of Appeal of Florida

DecidedJuly 5, 1988

DocketNo. 87-3000

StatusPublished

This text of 527 So. 2d 952 (Alexander v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alexander v. State, 527 So. 2d 952, 13 Fla. L. Weekly 1570, 1988 Fla. App. LEXIS 2825, 1988 WL 67785 (Fla. Ct. App. 1988).

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Opinion

PER CURIAM.

The reasons assigned below for a substantial upwards departure from the sentencing guidelines are either insufficient as a matter of law, Scurry v. State, 489 So.2d 25 (Fla.1986); Watkins v. State, 498 So.2d 576 (Fla. 3d DCA 1986); Carnegie v. State, 498 So.2d 1020 (Fla. 2d DCA 1986); see generally Steiner v. State, 469 So.2d 179 (Fla. 3d DCA 1985), pet. for review denied, 479 So.2d 118 (Fla.1985), or were not, as required, established beyond a reasonable doubt as a matter of fact. State v. Mischler, 488 So.2d 523 (Fla.1986). Consequently, the sentence under review is reversed and the cause remanded with di[953]*953rections to resentence the defendant within the guidelines.

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PER CURIAM.

The reasons assigned below for a substantial upwards departure from the sentencing guidelines are either insufficient as a matter of law, Scurry v. State, 489 So.2d 25 (Fla.1986); Watkins v. State, 498 So.2d 576 (Fla. 3d DCA 1986); Carnegie v. State, 498 So.2d 1020 (Fla. 2d DCA 1986); see generally Steiner v. State, 469 So.2d 179 (Fla. 3d DCA 1985), pet. for review denied, 479 So.2d 118 (Fla.1985), or were not, as required, established beyond a reasonable doubt as a matter of fact. State v. Mischler, 488 So.2d 523 (Fla.1986). Consequently, the sentence under review is reversed and the cause remanded with di[953]*953rections to resentence the defendant within the guidelines.

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Bluebook (online)

527 So. 2d 952, 13 Fla. L. Weekly 1570, 1988 Fla. App. LEXIS 2825, 1988 WL 67785, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alexander-v-state-fladistctapp-1988.

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