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Florida District Courts of Appeal, 1985

Cubberly v. State

Cubberly v. State
Florida District Courts of Appeal · Decided October 23, 1985 · Anstead, Dell, Walden
477 So. 2d 648; 10 Fla. L. Weekly 2397; 1985 Fla. App. LEXIS 16381 (Southern Reporter, Second Series)

Cubberly v. State

Opinion of the Court

PER CURIAM.

We affirm appellant’s conviction but reverse his sentence. The reasons articulated by the trial court as a basis for its departure from the sentencing guidelines do not constitute clear and convincing reasons. Therefore, we remand this matter to the trial court with directions to sentence appellant within the guidelines.

AFFIRMED IN PART, REVERSED IN PART and REMANDED.

ANSTEAD, DELL and WALDEN, JJ., concur.

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

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