NAPOLES v. STATE

No. AW-326.

463 So.2d 478 (1985)

Humberto Hernandez NAPOLES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 7, 1985.


Attorney(s) appearing for the Case

Paula S. Saunders, Asst. Public Defender, Tallahassee, for appellant.

Wallace E. Allbritton, Asst. Atty. Gen., Tallahassee, for appellee.


PER CURIAM.

Appellant challenges the trial court's departure from the recommendation of the sentencing guidelines, urging that the court failed to provide sufficiently clear and convincing reasons for its departure as required by Fla.R.Crim.P. 3.701 d.11. We reverse.

The Court imposed an 18 month sentence rather than following the guidelines recommendation of "any nonstate prison sanction." We agree that five of the six reasons for departure provided by the...

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