Anthony v. State

District Court of Appeal of Florida

Anthony v. State

508 So. 2d 452, 12 Fla. L. Weekly 1329, 1987 Fla. App. LEXIS 8374

CourtDistrict Court of Appeal of Florida

DecidedMay 27, 1987

DocketNo. BO-82

StatusPublished

Cited by1 cases

This text of 508 So. 2d 452 (Anthony 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

Anthony v. State, 508 So. 2d 452, 12 Fla. L. Weekly 1329, 1987 Fla. App. LEXIS 8374 (Fla. Ct. App. 1987).

Pincite

Opinions

BARFIELD, Judge.

Appellant challenges the trial court’s departure from the presumptive guidelines sentence for reasons which he asserts were not clear and convincing. We find that only one of the two reasons for departure given by the trial court is valid, but that the record establishes beyond a reasonable doubt that the absence of the invalid reason would not have affected the sentence. Griffis v. State, 497 So.2d 296 (Fla. 1st DCA 1986); Leopard v. State, 491 So.2d 1284 (Fla. 1st DCA 1986).

AFFIRMED.

THOMPSON, J., concurs. ZEHMER, J., concurs in part and dissents in part, with written opinion.

Free access — add to your briefcase to read the full text and ask questions with AI

BARFIELD, Judge.

Appellant challenges the trial court’s departure from the presumptive guidelines sentence for reasons which he asserts were not clear and convincing. We find that only one of the two reasons for departure given by the trial court is valid, but that the record establishes beyond a reasonable doubt that the absence of the invalid reason would not have affected the sentence. Griffis v. State, 497 So.2d 296 (Fla. 1st DCA 1986); Leopard v. State, 491 So.2d 1284 (Fla. 1st DCA 1986).

AFFIRMED.

THOMPSON, J., concurs. ZEHMER, J., concurs in part and dissents in part, with written opinion.

Cite This Page — Counsel Stack

Bluebook (online)

508 So. 2d 452, 12 Fla. L. Weekly 1329, 1987 Fla. App. LEXIS 8374, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anthony-v-state-fladistctapp-1987.

Opinions

Related

Cite This Page — Counsel Stack