Taylor v. State

District Court of Appeal of Florida

Taylor v. State

502 So. 2d 1324, 12 Fla. L. Weekly 634, 1987 Fla. App. LEXIS 6930

CourtDistrict Court of Appeal of Florida

DecidedFebruary 25, 1987

DocketNo. 4-86-1341

StatusPublished

This text of 502 So. 2d 1324 (Taylor 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

Taylor v. State, 502 So. 2d 1324, 12 Fla. L. Weekly 634, 1987 Fla. App. LEXIS 6930 (Fla. Ct. App. 1987).

Pincite

Opinion

PER CURIAM.

The trial court departed from the recommended guidelines range in sentencing Joseph Taylor following the revocation of his probation in a criminal case because “the guidelines sentence is not long enough to allow for the necessary drug and psychological treatment that is being given to him as a youthful offender”.

While we understand and applaud what the trial court was trying to accomplish, namely, a cure for Taylor’s drug addiction, such stated reason for departure was not clear and convincing, that being the required standard. Vickers v. State, 490 So.2d 231 (Fla. 5th DCA 1986).

We reverse and remand for resentencing within the guidelines upon authority of Young v. State, 455 So.2d 551 (Fla. 1st DCA 1984), approved, 476 So.2d 161 (Fla. 1985); Vance v. State, 475 So.2d 1362 (Fla. 5th DCA 1985); and Vickers.

REVERSED AND REMANDED.

DOWNEY, WALDEN and STONE, JJ., concur.

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