State v. Stone

District Court of Appeal of Florida

Decided December 2, 1992

District Court of Appeal of Florida · decided 1992-12-02

Relies on 591 So. 2d 930 - Karchesky v. State · 510 So. 2d 296 - Sanders v. State

Decided 1992-12-02

HALL, Judge.

¶1We affirm Alfred Stone’s downward departure sentence since the reasons given in support thereof are supported by clear and convincing evidence and only one is invalid. Sanders v. State, 510 So.2d 296 (Fla.1987) (lack of prior record cannot be a basis for a downward departure sentence).

¶2We remand for correction of Stone’s scoresheet in accordance with Karchesky v. State, 591 So.2d 930 (Fla.1992).

¶3Affirmed but remanded.

DANAHY, A.C.J., and PATTERSON, J., concur.