HUDACEK v. STATE

No. 85-2873.

516 So.2d 109 (1987)

George HUDACEK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 9, 1987.


Attorney(s) appearing for the Case

Michael G. Smith, Coral Gables, and Richard L. Rosenbaum, Fort Lauderdale, for appellant.

Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, and Robert S. Jaegers, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

We affirm appellant's conviction, but remand for resentencing. The first reason given by the trial court for departure from the guidelines — that appellant was engaged in interstate as opposed to intrastate drug trafficking — does not constitute a clear and convincing reason for departure. While the second reason given by the trial court has been found to be a valid reason for departure, we are unable to say beyond a reasonable doubt that...

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