LAWRENCE DAVIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1987-07-17
No. 85-2880
RYDER, A.C.J., and THREADGILL, J., and PATTERSON, DAVID F., Associate Judge, concur.
509 So. 2d 1329 Florida District Court of Appeal, Second District (1987) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

[*1330] PER CURIAM.

The material facts in this case are identical to those in Anderson v. State, 503 So. 2d 388 (Fla. 2d DCA 1987). For the reasons given in Anderson, we reverse the sentence in this case and remand for resentencing within the guidelines.

RYDER, A.C.J., and THREADGILL, J., and PATTERSON, DAVID F., Associate Judge, concur.


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  • Schurman v. State, 522 So. 2d 1026 (Fla. 2d DCA 1988)
    …is that the trial court’s sole reason for departing from the guidelines — lying about his prior record — is invalid. This court has previously decided this issue in appellant’s favor. Smith v. State, 516 So. 2d 78 (Fla. 2d DCA 1987); Davis v. State, 509 So. 2d 1329 (Fla. 2d DCA 1987); Anderson v. State, 503 So. 2d 388 (Fla. 2d DCA 1987); Denson v. State, 493 So. 2d 60 (Fla. 2d DCA 1986). Accordingly, we reverse appellant’s sentence and remand for resentencing within the guidelines. See Shull v. Dugger, 515 So.…

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