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CUBBERLY v. STATE

No. 84-2004.

477 So.2d 648 (1985)

David Leonard CUBBERLY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 20, 1985.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Lee Rosenthal, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We affirm appellant's conviction but reverse his sentence. The reasons articulated by the trial court as a basis for its departure from the sentencing guidelines do not constitute clear and convincing reasons. Therefore, we remand this matter to the trial court with directions to sentence appellant within the guidelines.

AFFIRMED IN PART, REVERSED IN PART and REMANDED.

ANSTEAD, DELL and WALDEN...

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