Legal Opinion

Rodrique v. State

District Court of Appeal of Florida

Decided November 18, 1988No. 88-754PublishedCited by 2 opinions

1Per curiam

Because only two of the six reasons given for departure from the sentencing guidelines are valid, and because the crime was committed prior to the effective date of Section 921.001(5), Florida Statutes, this case must be remanded for a determination whether the same sentence would have been imposed if only the two valid reasons for departure were considered. Albritton v. State, 476 So.2d 158 (Fla. 1985). We conclude that the following reasons are valid: the professional manner employed in the commission of a crime (paragraphs 2 and 5 read in conjunction *932with one another), see Martin v. State,…

2Cases cited4 opinions

  1. Albritton v. StateSupreme Court of Florida · 1985
  2. Williams v. StateSupreme Court of Florida · 1987
  3. Stubbs v. StateDistrict Court of Appeal of Florida · 1988
  4. Martin v. StateDistrict Court of Appeal of Florida · 1988

3Cited by2 opinions

  1. Hernandez v. StateSupreme Court of Florida · 1991
  2. Stowers v. StateDistrict Court of Appeal of Florida · 1989

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