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

District Court of Appeal of Florida·Decided July 5, 1988·No. No. 87-3000·Published

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] rections 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] rections to resentence the defendant within the guidelines.

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

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