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477 So. 2d 648

477 So.2d 648

10 Fla.L.Weekly 2397

Cubberly v. State

District Court of Appeal of Florida

Decided October 23, 1985

District Court of Appeal of Florida · decided 1985-10-23

Decided 1985-10-23

PER CURIAM.

¶1We affirm appellant’s conviction but reverse his sentence. The reasons articulated by the trial court as a basis for its departure from the sentencing guidelines do not constitute clear and convincing reasons. Therefore, we remand this matter to the trial court with directions to sentence appellant within the guidelines.

¶2AFFIRMED IN PART, REVERSED IN PART and REMANDED.

ANSTEAD, DELL and WALDEN, JJ., concur.
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