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Florida District Courts of Appeal, 1985

Clement v. State

Clement v. State
Florida District Courts of Appeal · Decided May 8, 1985 · Dell, Glickstein, Hersey
468 So. 2d 467; 10 Fla. L. Weekly 1152; 1985 Fla. App. LEXIS 13876 (Southern Reporter, Second Series)

Clement v. State

Opinion of the Court

PER CURIAM.

While we affirm all of the judgment and convictions, we must remand for resentenc-ing. The trial court did not have the benefit of our decision in Boynton v. State, 10 F.L.W. 795 (Fla. 4th DCA March 27, 1985).

Upon resentencing, there can be no retention of jurisdiction, and any departure from the guidelines must be based upon clear and convincing reasons, expressed in writing.

HERSEY, GLICKSTEIN and DELL, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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