Perkins v. State

472 So. 2d 889, 10 Fla. L. Weekly 1794
Procedural entryThis page is a short order in Perkins v. State. Read the opinion of the Court — 1984 Fla. App. LEXIS 13304
District Court of Appeal of Florida·Decided July 24, 1985·No. No. 84-2442·Published

Opinion

LETTS, Judge.

Appellant is correct in his assertion that the judge considered the wrong guidelines; it is true, however, that she departed from .them in any case. We remand for resen-tencing in accordance with the guidelines in effect at the time the offense was committed. Miller v. State, 468 So.2d 1018 (Fla. 4th DCA 1985). The same sentence is possible if clear and convincing reasons for departure from the applicable guidelines are stated in writing. Boynton v. State, 473 So.2d 703 (Fla. 4th DCA 1985).

REVERSED AND REMANDED IN ACCORDANCE HEREWITH.

DELL, J., and COOK, JACK H,, Associate Judge, concur.

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Perkins v. State, 472 So. 2d 889, 10 Fla. L. Weekly 1794 (Fla. Ct. App. 1985).

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Related

Boynton v. State
473 So. 2d 703 (District Court of Appeal of Florida, 1985)
Miller v. State
468 So. 2d 1018 (District Court of Appeal of Florida, 1985)