State v. Zaiser

District Court of Appeal of Florida

State v. Zaiser

546 So. 2d 1181, 14 Fla. L. Weekly 1842, 1989 Fla. App. LEXIS 4367, 1989 WL 85717

District Court of Appeal of Florida·Decided August 3, 1989·No. No. 88-1458·Published·Cited by 1 cases

Opinion

DAUKSCH, Judge.

This is an appeal from a guidelines departure sentence.

The trial judge departed downwards from the recommended guidelines sentence and gave two reasons: “no prior record” and “recommendation of probation office.” Neither reason is a valid reason for departure. Sanders v. State, 510 So.2d 296 (Fla. 1987); State v. D’Alexander, 496 So.2d 1007 (Fla. 2d DCA 1986); Montgomery v. State, 489 So.2d 1225 (Fla. 5th DCA 1986).

SENTENCE VACATED; REMANDED.

ORFINGER, J., concurs. SHARP, J., dissents without opinion.

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DAUKSCH, Judge.

This is an appeal from a guidelines departure sentence.

The trial judge departed downwards from the recommended guidelines sentence and gave two reasons: “no prior record” and “recommendation of probation office.” Neither reason is a valid reason for departure. Sanders v. State, 510 So.2d 296 (Fla. 1987); State v. D’Alexander, 496 So.2d 1007 (Fla. 2d DCA 1986); Montgomery v. State, 489 So.2d 1225 (Fla. 5th DCA 1986).

SENTENCE VACATED; REMANDED.

ORFINGER, J., concurs. SHARP, J., dissents without opinion.

State v. Zaiser, 546 So. 2d 1181, 14 Fla. L. Weekly 1842, 1989 Fla. App. LEXIS 4367, 1989 WL 85717 (Fla. Ct. App. 1989).

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Opinion

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