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

CourtDistrict Court of Appeal of Florida

DecidedAugust 3, 1989

DocketNo. 88-1458

StatusPublished

Cited by1 cases

This text of 546 So. 2d 1181 (State v. Zaiser) 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

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

Pincite

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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