Florida District Courts of Appeal, 1986

Finklea v. State

Florida District Courts of Appeal · Decided October 28, 1986 · No. BJ-252 · Barfield, Ervin, Wigginton

496 So. 2d 230; 11 Fla. L. Weekly 2263; 1986 Fla. App. LEXIS 10276 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Finklea v. State (Fla. Dist. Ct. App. 1987)

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

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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