Clement v. State

468 So. 2d 467, 10 Fla. L. Weekly 1152, 1985 Fla. App. LEXIS 13876
District Court of Appeal of Florida·Decided May 8, 1985·No. No. 84-1573·Published·Cited by 2 cases

Opinion

PER CURIAM.

While we affirm all of the judgment and convictions, we must remand for resentenc-ing. The trial court did not have the benefit of our decision in Boynton v. State, 10 F.L.W. 795 (Fla. 4th DCA March 27, 1985).

Upon resentencing, there can be no retention of jurisdiction, and any departure from the guidelines must be based upon clear and convincing reasons, expressed in writing.

HERSEY, GLICKSTEIN and DELL, JJ., concur.

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Clement v. State, 468 So. 2d 467, 10 Fla. L. Weekly 1152, 1985 Fla. App. LEXIS 13876 (Fla. Ct. App. 1985).

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