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RODRIGUEZ v. STATE

No. 86-1835.

511 So.2d 1021 (1987)

Cynthia Matthews RODRIGUEZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 2, 1987.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Brad Permar, Asst. Public Defender, Clearwater, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Katherine V. Blanco, Asst. Atty. Gen., Tampa, for appellee.

DANAHY, Chief Judge.

We affirm appellant's convictions for several burglary offenses, but reverse her sentence. In doing so, we agree that the several reasons given by the trial court to depart from the sentencing guidelines are not clear and convincing.

Of the seven reasons we are able to discern from the departure order, we find only three are valid. The remaining four reasons are not clear and convincing as we explain.

1. As its first reason, the...

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