JAKUBOWSKI v. STATE

No. 85-1091.

494 So.2d 277 (1986)

Ronald J. JAKUBOWSKI, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 17, 1986.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Asst. Public Defender, Clearwater, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Robert J. Krauss, Asst. Atty. Gen., Tampa, for appellee.


RYDER, Acting Chief Judge.

The trial court departed from a guidelines sentence of three to seven years and sentenced Jakubowski to fifteen years in prison for the third degree felony murder of a six-year-old boy based on an underlying felony of child abuse. We affirm the conviction but must remand this case for resentencing for the reasons stated below.

Jacqueline Cipollina and Jakubowski lived in St. Petersburg in 1981. Jakubowski, an unemployed live-in boyfriend...

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