ALVARO LUJAN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Based upon our review of the record and the state’s confession of error, we vacate the defendant’s enhanced sentence. The defendant was convicted of attempted trafficking in cocaine. The guidelines score sheet recommended a sentence of any non-state prison sanction. After hearing arguments, the trial judge entered a sentence that departed upward from the guidelines. The sole basis for the upward departure was the quantity of drags involved in the crime. The quantity of drags involved in a crime may not be utilized as a proper reason to support departure from the sentencing guidelines. Atwaters v. State, 519 So. 2d 611 (Fla.1988); see Cauthen v. State, 522 So. 2d 374 (Fla.1988); State v. Stanley, 519 So. 2d 613 (Fla.1988); Hernandez v. State, 538 So. 2d 137 (Fla. 3d DCA 1989).
Accordingly, the sentence is vacated and the cause is remanded for resentencing.
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Fazzolari v. The City OF W. Palm Beach, 608 So. 2d 927 (Fla. 4th DCA 1992)…out a particular class of litigation will not, in itself, disqualify a juror where it appears that the bias can be set aside. Montecristi Condominium Ass’n. v. Hickey, 408 So. 2d 671 (Fla. 4th DCA 1982). Unlike the facts of Levy v. Hawk’s Cay, Inc., 543 So. 2d 1299 (Fla. 3d DCA 1989), the jurors’ negative feelings here about the legal system were not associated with lawsuits against them or their families or with their personal acquaintance with a party or a party’s lawyer, see also Longshore v. Fronrath [*929…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Atwaters v. State, 519 So. 2d 611 (Fla. 1988)
- Cauthen v. State, 522 So. 2d 374 (Fla. 1988)
- Hernandez v. State, 538 So. 2d 137 (Fla. 3d DCA 1989)
- State v. Stanley, 519 So. 2d 613 (Fla. 1988)
- State v. Koopman, 519 So. 2d 613 (Fla. 1988)