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495 So. 2d 818

495 So.2d 818

11 Fla.L.Weekly 2083

Prescott v. State

District Court of Appeal of Florida

Decided October 1, 1986

District Court of Appeal of Florida · decided 1986-10-01

Relies on 497 So. 2d 736 - Sharp v. State

Decided 1986-10-01

PER CURIAM.

¶1We affirm appellant’s convictions but reverse the sentencing order because we find that most of the reasons given by the trial court for deviating from the sentencing guidelines were impermissible. One reason, excessive brutality, may be permissible depending on the circumstances. See Lerma v. State, 497 So.2d 736 (Fla.1986). Accordingly, we remand with directions *819that appellant be resentenced in accord herewith.

ANSTEAD, GUNTHER and STONE, JJ., concur.

¶2BY ORDER OF THE COURT:

¶3ORDERED that Appellant’s October 10, 1986 motion for rehearing is denied. Further

¶4ORDERED that the issuance of a mandate in this cause is stayed pending the Supreme Court of Florida decision in Hall v. State, Supreme Court Case No. 67,355. The parties are directed to inform this Court immediately upon a decision in Hall

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