Florida District Courts of Appeal, 1986

Finklea v. State

Finklea v. State
Florida District Courts of Appeal · Decided October 28, 1986 · Barfield, Ervin, Wigginton
496 So. 2d 230; 11 Fla. L. Weekly 2263; 1986 Fla. App. LEXIS 10276 (Southern Reporter, Second Series)

Finklea v. State

Opinion of the Court

ERVIN, Judge.

Appellant appeals the trial court’s departure from the recommended guideline sentence of 9-12 years’ incarceration to a term of natural life. We find that the trial judge’s reasons for departure are invalid in that they have already been factored into the guideline sentence.

The case is reversed with directions to resentence the appellant within the recommended range provided by the guidelines. Williams v. State, 492 So.2d 1308 (Fla. 1986).

WIGGINTON and BARFIELD, JJ., concur.

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