Florida District Courts of Appeal, 1988

Alexander v. State

Alexander v. State
Florida District Courts of Appeal · Decided July 5, 1988 · Ferguson, Nesbitt, Schwartz
527 So. 2d 952; 13 Fla. L. Weekly 1570; 1988 Fla. App. LEXIS 2825; 1988 WL 67785 (Southern Reporter, Second Series)

Alexander v. State

Opinion of the Court

PER CURIAM.

The reasons assigned below for a substantial upwards departure from the sentencing guidelines are either insufficient as a matter of law, Scurry v. State, 489 So.2d 25 (Fla. 1986); Watkins v. State, 498 So.2d 576 (Fla. 3d DCA 1986); Carnegie v. State, 498 So.2d 1020 (Fla. 2d DCA 1986); see generally Steiner v. State, 469 So.2d 179 (Fla. 3d DCA 1985), pet. for review denied, 479 So.2d 118 (Fla. 1985), or were not, as required, established beyond a reasonable doubt as a matter of fact. State v. Mischler, 488 So.2d 523 (Fla. 1986). Consequently, the sentence under review is reversed and the cause remanded with di*953rections to resentence the defendant within the guidelines.

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