CAHILL v. STATE

Case No. 85-2832.

505 So.2d 1113 (1987)

Robert W. CAHILL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 22, 1987.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender and W.H. Pasch, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Michael J. Kotler, Asst. Atty. Gen., Tampa, for appellee.


RYDER, Acting Chief Judge.

Once again, we are called upon to review a departure from the sentencing guidelines' presumptive sentence. Once again, we vacate the sentence and remand for resentencing because the trial judge based the departure on invalid reasons.

The trial judge listed three reasons for departure. The first reason stated, "Crimes and prior record are in the majority, crimes involving violence against persons and sexual batteries of one type or...

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