CLEMENT v. STATE

No. 84-1573.

468 So.2d 467 (1985)

Michael Patrick CLEMENT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Mandate Stayed and Rehearing Denied June 5, 1985.


Attorney(s) appearing for the Case

Howard L. Finkelstein of Finkelstein and Dallas, P.A., Fort Lauderdale, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Robert L. Teitler, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

While we affirm all of the judgment and convictions, we must remand for resentencing. The trial court did not have the benefit of our decision in Boynton v. State, 10 F.L.W. 795 (Fla. 4th DCA March 27, 1985).

Upon resentencing, there can be no retention of jurisdiction, and any departure from the guidelines must be based upon clear and convincing reasons, expressed in writing.

HERSEY, GLICKSTEIN and DELL...

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