State v. Zaiser
Florida District Courts of Appeal
State v. Zaiser, 546 So. 2d 1181 (1989)
14 Fla. L. Weekly 1842; 1989 Fla. App. LEXIS 4367; 1989 WL 85717
Dauksch, Orfinger, Sharp
State v. Zaiser
Opinion of the Court
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.
Reference
- Full Case Name
- STATE of Florida v. David Lee ZAISER
- Cited By
- 1 case
- Status
- Published