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Martin v. State

483 So. 2d 562, 11 Fla. L. Weekly 529, 1986 Fla. App. LEXIS 6578
Procedural entryThis page is a short order in Martin v. State. Read the opinion of the Court — 452 So. 2d 938 →
District Court of Appeal of Florida·Decided February 27, 1986·No. No. 85-940·Published

Opinion

PER CURIAM.

This is another appeal from a guideline departure sentence and, once again, we are [563]*563compelled to reverse as the reasons for departure given by the lower court were invalid. See Florida Rule of Criminal Procedure 3.701(b)(1); Hendrix v. State, 475 So.2d 1218 (Fla.1985); Monti v. State, 480 So.2d 223 (Fla. 5th DCA 1985); Thompson v. State, 478 So.2d 462 (Fla. 1st DCA 1985); Mischler v. State, 458 So.2d 37 (Fla. 4th DCA 1984).

REVERSED and REMANDED for re-sentencing pursuant to the guidelines, absent clear and convincing reasons for departure.

COBB, C.J., and ORFINGER and CO-WART, JJ., concur.

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Martin v. State, 483 So. 2d 562, 11 Fla. L. Weekly 529, 1986 Fla. App. LEXIS 6578 (Fla. Ct. App. 1986).

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Related

Monti v. State
480 So. 2d 223 (District Court of Appeal of Florida, 1985)
Hendrix v. State
475 So. 2d 1218 (Supreme Court of Florida, 1985)
Mischler v. State
458 So. 2d 37 (District Court of Appeal of Florida, 1984)
Thompson v. State
478 So. 2d 462 (District Court of Appeal of Florida, 1985)