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520 So. 2d 109

520 So.2d 109

13 Fla.L.Weekly 492

Jones v. State

District Court of Appeal of Florida

Decided February 18, 1988

District Court of Appeal of Florida · decided 1988-02-18

Relies on 476 So. 2d 158 - Albritton v. State · 504 So. 2d 392 - Williams v. State · 503 So. 2d 984 - Armontrout v. State

Decided 1988-02-18

DAUKSCH, Judge.

¶1This is an appeal from a sentence. The trial court gave as a reason for departure that the murder appellant committed was done to eliminate a witness. This is a *110valid reason for departure. See Blankenship v. State, 516 So.2d 76 (Fla. 5th DCA 1987). However, we do not have any record to review which substantiates that reason for departure. Thus we must remand for resentencing where either proof is given to substantiate the departure or a guideline sentence imposed. Armontrout v. State, 503 So.2d 984 (Fla. 5th DCA 1987).

¶2We uphold the court’s reason for departure regarding the timing of the offenses, Williams v. State, 504 So.2d 392, 393 (Fla.1987), but are not convinced that the court would have departed for that reason only. Therefore, we remand for resentencing. See Albritton v. State, 476 So.2d 158 (Fla.1985).

¶3The third reason for departure, the determination that certain previous convictions were not scorable, is invalid. Those convictions were scored. The sentence is vacated and this cause remanded for resen-tencing.

¶4SENTENCE VACATED; REMANDED.

ORFINGER and COWART, JJ., concur.
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