GIBSON v. STATE

No. 85-2109.

489 So.2d 836 (1986)

Alvin John GIBSON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 3, 1986.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Harold Mendelow, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Richard T. Kaplan, Asst. Atty. Gen., for appellee.

Before HENDRY, NESBITT and JORGENSON, JJ.


PER CURIAM.

We affirm appellant's conviction for armed robbery, kidnapping and aggravated battery, finding his contentions relating to conviction to be without merit. Nonetheless, we agree that the sentence outside the guidelines should be reversed and remanded for resentencing.

As the basis for departure from the sentencing guidelines, the trial court stated eleven reasons. The first, lack of remorse, is an invalid ground for departure. State v. Mischler...

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