Cobas v. State

District Court of Appeal of Florida

Cobas v. State

481 So. 2d 553, 11 Fla. L. Weekly 190, 1986 Fla. App. LEXIS 5880

CourtDistrict Court of Appeal of Florida

DecidedJanuary 14, 1986

DocketNos. 84-1441, 84-1930

StatusPublished

This text of 481 So. 2d 553 (Cobas 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.

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Cobas v. State, 481 So. 2d 553, 11 Fla. L. Weekly 190, 1986 Fla. App. LEXIS 5880 (Fla. Ct. App. 1986).

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Opinion

PER CURIAM. .

Based on Albritton v. State, 476 So.2d 158 (Fla.1985), we conclude that, although the trial court articulated clear and convincing reasons for departing from the sentencing guidelines in this case, those reasons do not justify the extent of the departure herein — especially in view of the trial court’s acceptance on the record of a plea offer of four and a half years imprisonment just prior to the probation revocation hearing. We accordingly reverse the sentence under review and remand the cause to the trial court with directions to impose a sentence of no more than six years total imprisonment in this case.

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PER CURIAM. .

Based on Albritton v. State, 476 So.2d 158 (Fla.1985), we conclude that, although the trial court articulated clear and convincing reasons for departing from the sentencing guidelines in this case, those reasons do not justify the extent of the departure herein — especially in view of the trial court’s acceptance on the record of a plea offer of four and a half years imprisonment just prior to the probation revocation hearing. We accordingly reverse the sentence under review and remand the cause to the trial court with directions to impose a sentence of no more than six years total imprisonment in this case.

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481 So. 2d 553, 11 Fla. L. Weekly 190, 1986 Fla. App. LEXIS 5880, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cobas-v-state-fladistctapp-1986.

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