Jones v. State
District Court of Appeal of Florida
1Opinion of the Court
DAUKSCH, Judge.
This is an appeal from a sentence. The trial court gave as a reason for departure that the murder appellant committed was done to eliminate a witness. This is a *110valid reason for departure. See Blankenship v. State, 516 So.2d 76 (Fla. 5th DCA 1987). However, we do not have any record to review which substantiates that reason for departure. Thus we must remand for resentencing where either proof is given to substantiate the departure or a guideline sentence imposed. Armontrout v. State, 503 So.2d 984 (Fla. 5th DCA 1987).
We uphold the court’s reason for departure regarding the…
2Cases cited4 opinions
- Albritton v. StateSupreme Court of Florida · 1985
- Williams v. StateSupreme Court of Florida · 1987
- Armontrout v. StateDistrict Court of Appeal of Florida · 1987
- Blankenship v. StateDistrict Court of Appeal of Florida · 1987