Legal Opinion

Ricano v. State

District Court of Appeal of Florida

Decided May 23, 1989No. 88-1774Published

1Per curiam

We vacate defendant’s sentence and remand to the trial court for resentencing within the guidelines. See Shull v. Dugger, 515 So.2d 748 (Fla.1987). The reasons given by the trial court for departing from the guidelines are invalid, Johnson v. State, 535 So.2d 651 (Fla. 3d DCA 1988); Alexander v. State, 513 So.2d 1117 (Fla. 2d DCA 1987), or are unsupported by the record. See State v. Jones, 530 So.2d 53 (Fla.1988); McIntyre v. State, 539 So.2d 603 (Fla. 3d DCA 1989).

Vacated and remanded.

2Cases cited5 opinions

  1. Shull v. DuggerSupreme Court of Florida · 1987
  2. State v. JonesSupreme Court of Florida · 1988
  3. Johnson v. StateDistrict Court of Appeal of Florida · 1988
  4. Alexander v. StateDistrict Court of Appeal of Florida · 1987
  5. McIntyre v. StateDistrict Court of Appeal of Florida · 1989