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521 So. 2d 338

521 So.2d 338

13 Fla.L.Weekly 638

Costantino v. State

District Court of Appeal of Florida · decided 1988-03-09

Relies on Bibby v. United States · Daniel v. Security Pacific National Bank · 473 So. 2d 703 - Boynton v. State

Decided 1988-03-09

PER CURIAM.

¶1We affirm the conviction of the defendant. However, we reverse and remand for resentencing to score the defendant’s conviction for two counts of aggravated assault as third degree felonies. See Griffin v. State, 509 So.2d 980 (Fla. 2d DCA 1987). Also, on remand the trial court should set forth written reasons for any departure from the guideline sentence. Boynton v. State, 473 So.2d 703 (Fla. 4th DCA 1985), cert. denied, 475 U.S. 1029, 106 S.Ct. 1232, 89 L.Ed.2d 341 (1986).

¶2AFFIRMED IN PART; REVERSED IN PART; REMANDED FOR RESENTENC-ING.

GLICKSTEIN, GUNTHER and STONE, JJ., concur.
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