Florida District Courts of Appeal, 1987

Smith v. State

Smith v. State
Florida District Courts of Appeal · Decided November 25, 1987 · Anstead, Dell, Hersey
515 So. 2d 1056; 12 Fla. L. Weekly 2688; 1987 Fla. App. LEXIS 11131; 1987 WL 1766 (Southern Reporter, Second Series)

Smith v. State

Opinion of the Court

PER CURIAM.

We affirm appellant’s conviction but reverse the sentencing order because we find several of the trial judge’s reasons for deviating from the guidelines to be improper. See the companion case of Love v. State, 515 So.2d 364, (Fla. 4th DCA 1987). We remand for resentencing in accord with the holding in Albritton v. State, 476 So.2d 158 (Fla. 1985).

HERSEY, C.J., ANSTEAD and DELL. JJ., concur.

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