508 So. 2d 452
508 So.2d 452
12 Fla.L.Weekly 1329
District Court of Appeal of Florida
Decided May 27, 1987
District Court of Appeal of Florida · decided 1987-05-27
Cited by 1 later decisions — most recently May 1988
1 state decisions
Key passage — most relied on by later courts
“the record establishes beyond a reasonable doubt that the absence of the invalid reason would not have affected the sentence.”
quoted by 1 later decision, including 524 So. 2d 655 - Anthony v. State
Relies on 491 So. 2d 1284 - Leopard v. State · 497 So. 2d 296 - Griffis v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1987-05-27
View the full empirical analysis of this case →
¶1Appellant challenges the trial court’s departure from the presumptive guidelines sentence for reasons which he asserts were not clear and convincing. We find that only one of the two reasons for departure given by the trial court is valid, but that the record establishes beyond a reasonable doubt that the absence of the invalid reason would not have affected the sentence. Griffis v. State, 497 So.2d 296 (Fla. 1st DCA 1986); Leopard v. State, 491 So.2d 1284 (Fla. 1st DCA 1986).
¶2AFFIRMED.