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WEINER v. STATE

No. 86-67.

497 So.2d 1347 (1986)

Tina Marie WEINER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 26, 1986.

Attorney(s) appearing for the Case

Hal Roen, Orlando, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Kevin Kitpatrick Carson, Asst. Atty. Gen., Daytona Beach, for appellee.

SHARP, Judge.

Because the reasons given for the trial judge's departure sentence were not clear and convincing1 for the crime for which Weiner was convicted, we vacate the sentence and remand for resentencing within the parameters of the guidelines.

SENTENCE VACATED; CAUSE REMANDED FOR RESENTENCING.

DAUKSCH and ORFINGER...

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