Florida District Courts of Appeal, 1986

Cason v. State

Florida District Courts of Appeal · Decided January 30, 1986 · Ervin, Guyte, McCord, Ret, Wigginton

481 So. 2d 1006; 11 Fla. L. Weekly 298; 1986 Fla. App. LEXIS 6115 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Mitchell v. State (Fla. Dist. Ct. App. 1987)
Bailey v. State (Fla. Dist. Ct. App. 1986)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Cason appeals a sentence imposed outside the sentencing guidelines on the ground that the trial court did not express clear and convincing reasons for the departure. We find that, of the six reasons stated by the trial court, reasons one (extensive arrest record and numerous prior convictions) and five (deterrence of others) are invalid; the remaining four are proper. There being no reasonable doubt that a different sentence would be imposed on remand, see Albritton v. State, 476 So.2d 158 (Fla. 1985), we affirm.

*1007ERVIN and WIGGINTON, JJ., and McCORD, GUYTE P., Jr. (Ret.), Associate Judge, concur.

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