Florida District Courts of Appeal, 1992

Mitchell v. State

Mitchell v. State
Florida District Courts of Appeal · Decided March 27, 1992 · Allen, Barfield, Kahn
595 So. 2d 588; 1992 Fla. App. LEXIS 4012; 1992 WL 59222 (Southern Reporter, Second Series)

Mitchell v. State

Opinion of the Court

PER CURIAM.

Willie James Mitchell appeals the sentence imposed outside the sentencing guidelines following conviction of burglary of a dwelling and sexual battery. The state concedes that the reasons given for departure have either been held invalid or are not supported by the record in this case. Accordingly, we reverse the sentence imposed herein, and remand for re-sentencing within the guidelines.

BARFIELD, ALLEN and KAHN, JJ., concur.

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