OLIVE v. STATE

No. 85-2192.

489 So.2d 893 (1986)

Giraldo OLIVE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 17, 1986.


Attorney(s) appearing for the Case

Howard Sohn, for appellant.

Jim Smith, Atty. Gen., and Jack B. Ludin, Asst. Atty. Gen., for appellee.

Before NESBITT, PEARSON, DANIEL S. and FERGUSON, JJ.


NESBITT, Judge.

Olive raises three points on appeal of his conviction and sentence for armed robbery. Finding the first two points to be without merit, we affirm the conviction. However, we agree with the final point and reverse and remand for resentencing.

After being convicted by a jury for armed robbery, Olive was sentenced to seventeen years. In departing from the recommended guidelines sentence of seven to nine years, the trial court articulated the following...

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