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Florida District Courts of Appeal, 1986

Martin v. State

Martin v. State
Florida District Courts of Appeal · Decided February 27, 1986 · Cobb, Orfinger, Wart
483 So. 2d 562; 11 Fla. L. Weekly 529; 1986 Fla. App. LEXIS 6578 (Southern Reporter, Second Series)

Martin v. State

Opinion of the Court

PER CURIAM.

This is another appeal from a guideline departure sentence and, once again, we are *563compelled to reverse as the reasons for departure given by the lower court were invalid. See Florida Rule of Criminal Procedure 3.701(b)(1); Hendrix v. State, 475 So.2d 1218 (Fla. 1985); Monti v. State, 480 So.2d 223 (Fla. 5th DCA 1985); Thompson v. State, 478 So.2d 462 (Fla. 1st DCA 1985); Mischler v. State, 458 So.2d 37 (Fla. 4th DCA 1984).

REVERSED and REMANDED for re-sentencing pursuant to the guidelines, absent clear and convincing reasons for departure.

COBB, C.J., and ORFINGER and CO-WART, JJ., concur.

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

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