Ricano v. State

Full title: GILBERTO RICANO, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: May 23, 1989

543 So. 2d 863 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-1774.

May 23, 1989.

An Appeal from the Circuit Court for Dade County; Fred R. Moreno, Judge.

Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and HUBBART and BASKIN, JJ.

PER CURIAM.

We vacate defendant's sentence and remand to the trial court for resentencing within the guidelines. See Shull v. Dugger, 515 So.2d 748 (Fla. 1987). The reasons given by the trial court for departing from the guidelines are invalid, Johnson v. State, 535 So.2d 651 (Fla. 3d DCA 1988); Alexander v. State, 513 So.2d 1117 (Fla. 2d DCA 1987), or are unsupported by the record. See State v. Jones, 530 So.2d 53 (Fla. 1988); McIntyre v. State, 539 So.2d 603 (Fla. 3d DCA 1989).

Vacated and remanded.