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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 resentenc-ing within the guidelines. § 921.001(5), Fla.Stat. (1989); Griffin v. State, 546 So.2d 91 (Fla. 1st DCA), rev. denied, 553 So.2d
*1261 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.
Document Info
Docket Number: No. 90-2998
Citation Numbers: 582 So. 2d 1260
Judges: Garrett, Hersey, Stone
Filed Date: 8/7/1991
Precedential Status: Precedential
Modified Date: 7/29/2022