Legal Opinion

Smith v. State

District Court of Appeal of Florida

Decided October 9, 1986No. 86-552PublishedCited by 2 opinions

1Per curiam

None of the reasons for departing from the presumptive guideline sentence given by the lower court in this case presents a valid basis for departure. See Scurry v. State, 489 So.2d 25 (Fla.1986); Dixon v. State, 492 So.2d 410 (Fla. 5th DCA 1986) and Kirk v. State, 490 So.2d 176 (Fla. 5th DCA 1986). Thus, this case is remanded for resentencing within the presumptive guideline range.

REMANDED.

ORFINGER, COBB and COWART, JJ., concur.

2Cases cited3 opinions

  1. Scurry v. StateSupreme Court of Florida · 1986
  2. Dixon v. StateDistrict Court of Appeal of Florida · 1986
  3. Kirk v. StateDistrict Court of Appeal of Florida · 1986

3Cited by2 opinions

  1. Smith v. StateSupreme Court of Florida · 1988
  2. Patten v. StateDistrict Court of Appeal of Florida · 1988