Florida District Courts of Appeal, 1986

Weiner v. State

Florida District Courts of Appeal · Decided November 26, 1986 · No. 86-67 · Dauksch, Orfinger, Sharp

497 So. 2d 1347; 11 Fla. L. Weekly 2485; 1986 Fla. App. LEXIS 10851 (Southern Reporter, Second Series)

Opinion of the Court

SHARP, Judge.

Because the reasons given for the trial judge’s departure sentence were not clear and convincing1 for the crime for which Weiner was convicted, we vacate the sentence and remand for resentencing within the parameters of the guidelines.

SENTENCE VACATED; CAUSE REMANDED FOR RESENTENCING.

DAUKSCH and ORFINGER, JJ., concur.

. Fla.R.Crim.P. 3.701(d)(ll).

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