Florida District Courts of Appeal, 1986

Olofson v. State

Florida District Courts of Appeal · Decided February 7, 1986 · Anstead, Hersey, Hurley

483 So. 2d 468; 11 Fla. L. Weekly 371; 1986 Fla. App. LEXIS 6236 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

AFFIRMED.

HERSEY, C.J., and ANSTEAD, J., concur. HURLEY, J., dissents with opinion.

Dissenting Opinion

HURLEY, Judge,

dissenting.

The trial court departed downward from the guidelines’ presumptive sentence with this justification: “Recommended sentence of HRS is felt to be adequate.” This is simply not a “clear and convincing” reason to justify departure. See Rule 3.701(b)(6), Fla.R.Crim.P.; see also Santiago v. State, 478 So.2d 47 (Fla. 1985).

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