RACINO v. STATE

No. 84-1865.

479 So.2d 816 (1985)

Robert RACINO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 11, 1985.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Louis G. Carres, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Noel A. Pelella, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

We affirm appellant's conviction for burglary and sexual battery, but reverse the sentences and remand for resentencing. The trial court stated three specific grounds for departure from the sentencing guidelines and several additional grounds appear in the body of the Order for Aggravation of Sentence. One of the stated grounds is invalid: "that the defendant perjured himself during his testimony." The state has not shown beyond a reasonable doubt that...

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