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496 So. 2d 882

496 So.2d 882

11 Fla.L.Weekly 2220

Bram v. State

District Court of Appeal of Florida

Decided October 15, 1986

District Court of Appeal of Florida · decided 1986-10-15

Cited by 2 later decisions — most recently April 1987

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1986-10-15

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PER CURIAM.

¶1Defendant appeals his conviction and sentence for possession of cocaine. We affirm the conviction because we find no reversible error to have been committed, but reverse the sentence and remand for resentencing.

¶2The trial court departed from the recommended range of the sentencing guidelines and gave as grounds for that departure that defendant was an illegal alien and that the amount of cocaine possessed by defendant was “suggestive of dealing rather than mere possession.” Both of these grounds violate Fla.R.Crim.P. 3.701(d)(ll) because they punish defendant for offenses for which he was not convicted.

¶3The conviction is affirmed, but the sentence is reversed and remanded for sentencing within the guidelines range.

LEHAN, A.C.J., and FRANK and SAND-ERLIN, JJ., concur.
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