Clement v. State
This text of 508 So. 2d 573 (Clement 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.
Opinion
Upon remand for resentencing after this court reversed appellant’s initial sentence for failure of the trial court to give written reasons for departure, Clement v. State, 468 So.2d 467 (Fla. 4th DCA 1985), a sentence constituting a one-cell departure was imposed and is here appealed.
Because we find that none of the reasons given for departure meet the criteria of “clear and convincing,” we again reverse and remand with instructions that appellant be sentenced within the guidelines.
REVERSED and REMANDED with INSTRUCTIONS.
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Cite This Page — Counsel Stack
508 So. 2d 573, 12 Fla. L. Weekly 1547, 1987 Fla. App. LEXIS 9003, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clement-v-state-fladistctapp-1987.