DOWLING v. STATE

No. 86-118.

495 So.2d 874 (1986)

Jack DOWLING, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

October 9, 1986.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Paula C. Coffman, Asst. Atty. Gen., Daytona Beach, for appellee.


ORFINGER, Judge.

The defendant appeals from a guidelines departure sentence. Because the trial judge based the departure on invalid reasons, we must vacate the sentence and remand for resentencing.

The defendant was charged by information with one count of sexual activity with a child 12 years of age or older but less than 18 years of age by a person in a position of familial or custodial authority,1 [§ 794.041, Fla. Stat...

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