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546 So. 2d 1181

546 So.2d 1181

14 Fla.L.Weekly 1842

State v. Zaiser

District Court of Appeal of Florida · decided 1989-08-03

Relies on 510 So. 2d 296 - Sanders v. State · 489 So. 2d 1225 - Montgomery v. State · 496 So. 2d 1007 - State v. D'ALEXANDER

Good law ✅— No negative treatment on recordhow we know

Decided 1989-08-03

How this case has been cited

Cited by 9 later decisions — most recently December 2008

9 state decisions

70198919902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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DAUKSCH, Judge.

¶1This is an appeal from a guidelines departure sentence.

¶2The trial judge departed downwards from the recommended guidelines sentence and gave two reasons: “no prior record” and “recommendation of probation office.” Neither reason is a valid reason for departure. Sanders v. State, 510 So.2d 296 (Fla. 1987); State v. D’Alexander, 496 So.2d 1007 (Fla. 2d DCA 1986); Montgomery v. State, 489 So.2d 1225 (Fla. 5th DCA 1986).

¶3SENTENCE VACATED; REMANDED.

ORFINGER, J., concurs.SHARP, J., dissents without opinion.
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