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508 So. 2d 573

508 So.2d 573

12 Fla.L.Weekly 1547

Clement v. State

District Court of Appeal of Florida · decided 1987-06-24

Relies on 468 So. 2d 467 - Barnett Bank of St. Lucie County v. Garrett

Decided 1987-06-24

PER CURIAM.

¶1Upon remand for resentencing after this court reversed appellant’s initial sentence for failure of the trial court to give written reasons for departure, Clement v. State, 468 So.2d 467 (Fla. 4th DCA 1985), a sentence constituting a one-cell departure was imposed and is here appealed.

¶2Because we find that none of the reasons given for departure meet the criteria of “clear and convincing,” we again reverse and remand with instructions that appellant be sentenced within the guidelines.

¶3REVERSED and REMANDED with INSTRUCTIONS.

HERSEY, C.J., ANSTEAD and GLICKSTEIN, JJ., concur.
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