Hall Approved Free Access to American Case Law
Florida District Courts of Appeal, 1989

State v. Zaiser

State v. Zaiser
Florida District Courts of Appeal · Decided August 3, 1989 · Dauksch, Orfinger, Sharp
546 So. 2d 1181; 14 Fla. L. Weekly 1842; 1989 Fla. App. LEXIS 4367; 1989 WL 85717 (Southern Reporter, Second Series)

State v. Zaiser

Opinion of the Court

DAUKSCH, Judge.

This is an appeal from a guidelines departure sentence.

The trial judge departed downwards from the recommended guidelines sentence and gave two reasons: “no prior record” and “recommendation of probation office.” Neither reason is a valid reason for departure. Sanders v. State, 510 So.2d 296 (Fla. 1987); State v. D’Alexander, 496 So.2d 1007 (Fla. 2d DCA 1986); Montgomery v. State, 489 So.2d 1225 (Fla. 5th DCA 1986).

SENTENCE VACATED; REMANDED.

ORFINGER, J., concurs. SHARP, J., dissents without opinion.

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

↑