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659 So. 2d 705

Broderick v. State

District Court of Appeal of Florida

Decided August 23, 1995

District Court of Appeal of Florida · decided 1995-08-23

Relies on 488 So. 2d 523 - State v. Mischler · 495 So. 2d 273 - Kigar v. State · 508 So. 2d 407 - Walker v. State

Decided 1995-08-23

FULMER, Judge.

¶1The defendant appeals the sentences he received after being convicted of two counts of grand theft for misappropriating money from a land investment trust for which he was the trustee. We reverse because the trial court erred in departing from the sentencing guidelines on the basis of the defendant’s breach of trust which was an inherent component of the crime for which he was convicted. See State v. Mischler, 488 So.2d 523 (Fla.1986); Walker v. State, 508 So.2d 407 (Fla. 5th DCA 1987); Kigar v. State, 495 So.2d 273 (Fla. 5th DCA 1986).

¶2Reversed and remanded for resentencing within the guidelines.

FRANK, A.C.J., and PARKER, J., concur.
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