ALBERTO ELIO SAN PEDRO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The defendant seeks review of an upward departure from the sentencing guidelines. Both of the grounds1 relied upon below have since been held insufficient by determinative decisions of our supreme court. State v. Jones, 530 So. 2d 53 (Fla.1988) invalidates the first basis for departure; State v. Hope, 529 So. 2d 275 (Fla.1988) the second. Accordingly, the cause is remanded for resentencing within the guidelines.
. 1. That the six counts of unlawful compensation for which the defendant was convicted occurred on a continuing basis over a relatively short period of time....
2. That the primary purpose of the six counts of unlawful compensation for which the defendant was convicted was to disrupt or hinder law enforcement....
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Breakstone v. Honorable Mary Ann MacKENZIE, 561 So. 2d 1164 (Fla. 3d DCA 1989)…ented on the merits of the disqualification motion. The renewed motion to disqualify was likewise denied. On petition for writ of prohibition, a panel of our court held that the trial judge should have disqualified herself. Breakstone v. MacKenzie, 561 So. 2d 1163 (Fla. 3d DCA 1988). The panel concluded that the substantial financial contribution by plaintiff’s counsel constituted legally sufficient grounds for disqualification. In the second of the two consolidated cases, the same $500 contributor represent…
Authorities Cited
- State v. Cledius Orlando Jones, 530 So. 2d 53 (Fla. 1988)
- State v. Hope, 529 So. 2d 275 (Fla. 1988)