RONALD FINKELSTEIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RONALD FINKELSTEIN, APPELLANT,
STATE OF FLORIDA, APPELLEE
582 So. 2d 1260
Florida District Court of Appeal, Fourth District (1991)
Opinion of the Court
PER CURIAM.
The trial court’s reasons for imposing a sentence which constituted an upward departure from the guidelines are not supported by facts in the record that are credible and proven by a preponderance of the evidence. Therefore, we reverse appellant’s sentence and remand for resentencing within the guidelines. § 921.001(5), Fla.Stat. (1989); Griffin v. State, 546 So. 2d 91 (Fla. 1st DCA), rev. denied, 553 So. 2d 1165 (Fla.1989). See also Nelson v. State, 567 So. 2d 548, 549 & n. 1 (Fla. 5th DCA 1990). In all other respects, we affirm.
AFFIRMED IN PART; REVERSED IN PART; REMANDED.
HERSEY, STONE and GARRETT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Griffin v. State, 546 So. 2d 91 (Fla. 1st DCA 1989)
- Therman Nelson v. State, 567 So. 2d 548 (Fla. 5th DCA 1990)