ROBERT STEPHEN ATWOOD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1985-05-22
No. 84-1864
DOWNEY, HERSEY, and BARKETT, JJ., concur.
469 So. 2d 908 Florida District Court of Appeal, Fourth District (1985) Caution
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse and vacate the appellant’s sentence because the trial judge departed from the sentencing guidelines without clear and convincing reasons. We remand this cause to the trial court with directions to either provide a written statement delineating clear and convincing reasons for departure or to resentence appellant under the guidelines. Boynton v. State, 10 FLW 795 (Fla. 4th DCA March 27, 1985).

DOWNEY, HERSEY, and BARKETT, JJ., concur.


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    …rned statement was obtained by coercive and improper tactics which continued throughout all of the defendant’s statements. The order is affirmed on the authority of State v. Madruga-Jimenez, 485 So. 2d 462 (Fla. 3d DCA 1986); cf. Pressley v. State, 469 So. 2d 908 (Fla. 5th DCA 1985) (Sharp, J., dissenting). Affirmed.…

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