Florida District Courts of Appeal, 1998

Gilbert v. State

Gilbert v. State
Florida District Courts of Appeal · Decided March 4, 1998 · Green, Schwartz, Shevin
706 So. 2d 135; 1998 Fla. App. LEXIS 2127; 1998 WL 88275 (Southern Reporter, Second Series)

Gilbert v. State

Opinion of the Court

PER CURIAM.

After we remanded this case for resentenc-ing under the 1994 guidelines in Gilbert v. State, 680 So.2d 1132 (Fla. 3d DCA 1996), the trial judge imposed a departure sentence on grounds of (a) heightened premeditation, State v. Obojes, 604 So.2d 474 (Fla. 1992), and (b) vulnerability due to age of the victim, § 921.0016(3)0), Fla. Stat. (1996). We find that the evidence supports neither of these grounds for departure. See Marcott v. State, 650 So.2d 977 (Fla. 1995); Green v. State, 662 So.2d 748 (Fla. 4th DCA 1996).

Accordingly, the sentence under review is reversed and the cause remanded with directions to impose a guidelines sentence.

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