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Presley v. State

517 So. 2d 139, 13 Fla. L. Weekly 130, 1988 Fla. App. LEXIS 31
CourtDistrict Court of Appeal of Florida
DecidedJanuary 6, 1988
DocketNo. 87-0182
StatusPublished

This text of 517 So. 2d 139 (Presley 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
Presley v. State, 517 So. 2d 139, 13 Fla. L. Weekly 130, 1988 Fla. App. LEXIS 31 (Fla. Ct. App. 1988).

Opinion

PER CURIAM.

We affirm appellant’s conviction but remand for resentencing because we find [140]*140that some of the reasons given by the trial court for departing from the sentencing guidelines are invalid. Of the four reasons listed in the sentencing order, only reason number one is a legally valid reason and supported by the proof. See Davis v. State, 455 So.2d 602 (Fla. 5th DCA 1984). Accordingly, we remand this cause for resentencing pursuant to Albritton v. State, 476 So.2d 158 (Fla.1985).

ANSTEAD, LETTS and GUNTHER, JJ., concur.

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Related

Albritton v. State
476 So. 2d 158 (Supreme Court of Florida, 1985)
Davis v. State
455 So. 2d 602 (District Court of Appeal of Florida, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
517 So. 2d 139, 13 Fla. L. Weekly 130, 1988 Fla. App. LEXIS 31, Counsel Stack Legal Research, https://law.counselstack.com/opinion/presley-v-state-fladistctapp-1988.