GILBERTO RICANO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
GILBERTO RICANO, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
543 So. 2d 863
Florida District Court of Appeal, Third District (1989)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We vacate defendant’s sentence and remand to the trial court for resentencing within the guidelines. See Shull v. Dugger, 515 So. 2d 748 (Fla.1987). The reasons given by the trial court for departing from the guidelines are invalid, Johnson v. State, 535 So. 2d 651 (Fla. 3d DCA 1988); Alexander v. State, 513 So. 2d 1117 (Fla. 2d DCA 1987), or are unsupported by the record. See State v. Jones, 530 So. 2d 53 (Fla.1988); McIntyre v. State, 539 So. 2d 603 (Fla. 3d DCA 1989).
Vacated and remanded.
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Authorities Cited
- Shull v. Dugger, 515 So. 2d 748 (Fla. 1987)
- State v. Cledius Orlando Jones, 530 So. 2d 53 (Fla. 1988)
- Rommell Johnson v. State, 535 So. 2d 651 (Fla. 3d DCA 1988)
- Alexander v. State, 513 So. 2d 1117 (Fla. 2d DCA 1987)
- McINTYRE v. State, 539 So. 2d 603 (Fla. 3d DCA 1989)