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STATE v. KMETZ

No. 85-1494.

483 So.2d 812 (1986)

STATE of Florida, Appellant, v. William KMETZ, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 17, 1986.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Penny H. Brill, Asst. Atty. Gen., West Palm Beach, for appellant.

Jeffrey H. Garland, Port St. Lucie, for appellee.

PER CURIAM.

None of the reasons stated by the trial judge constitute clear and convincing reasons for the court's departure from the sentencing guidelines. Accordingly, the sentence imposed by the trial court is reversed and we remand this case for resentencing within the sentencing guidelines.

REVERSED and REMANDED.

HERSEY, C.J., and DELL, J., concur.

LETTS, J., dissents without...

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