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477 So. 2d 1092

477 So.2d 1092

10 Fla.L.Weekly 2477

Karliss v. State

District Court of Appeal of Florida

Decided November 6, 1985

District Court of Appeal of Florida · decided 1985-11-06

Cited by 1 later decisions — most recently July 1986

1 state decisions

Relies on 476 So. 2d 158 - Albritton v. State · 458 So. 2d 37 - Mischler v. State · Williams v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1985-11-06

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PER CURIAM.

¶1The trial court erred in departing from the sentencing guidelines (the conviction was for grand theft), based on these two challenged reasons:

¶21. Deterrence. This was error based on Williams v. State, 462 So.2d 23 (Fla. 4th DCA 1984).

¶32. Defendant used his fiduciary position of trust to execute these particular offenses. This was error based on Mischler v. State, 458 So.2d 37 (Fla. 4th DCA 1984).

¶4Although other reasons were assigned we, applying the standard found in Albritton v. State, 476 So.2d 158 (Fla.1985), reverse and remand for resentencing.

¶5We have reviewed the several other points asserted on appeal and find no reversible error.

¶6Reversed and remanded for further proceedings consistent herewith.

LETTS, DELL and WALDEN, JJ., concur.
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