Cubberly v. State

District Court of Appeal of Florida

Cubberly v. State

477 So. 2d 648, 10 Fla. L. Weekly 2397, 1985 Fla. App. LEXIS 16381

CourtDistrict Court of Appeal of Florida

DecidedOctober 23, 1985

DocketNo. 84-2004

StatusPublished

This text of 477 So. 2d 648 (Cubberly 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

Cubberly v. State, 477 So. 2d 648, 10 Fla. L. Weekly 2397, 1985 Fla. App. LEXIS 16381 (Fla. Ct. App. 1985).

Pincite

Opinion

PER CURIAM.

We affirm appellant’s conviction but reverse his sentence. The reasons articulated by the trial court as a basis for its departure from the sentencing guidelines do not constitute clear and convincing reasons. Therefore, we remand this matter to the trial court with directions to sentence appellant within the guidelines.

AFFIRMED IN PART, REVERSED IN PART and REMANDED.

ANSTEAD, DELL and WALDEN, JJ., concur.

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PER CURIAM.

We affirm appellant’s conviction but reverse his sentence. The reasons articulated by the trial court as a basis for its departure from the sentencing guidelines do not constitute clear and convincing reasons. Therefore, we remand this matter to the trial court with directions to sentence appellant within the guidelines.

AFFIRMED IN PART, REVERSED IN PART and REMANDED.

ANSTEAD, DELL and WALDEN, JJ., concur.

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Bluebook (online)

477 So. 2d 648, 10 Fla. L. Weekly 2397, 1985 Fla. App. LEXIS 16381, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cubberly-v-state-fladistctapp-1985.