FERNANDEZ v. STATE

No. 86-3068.

530 So.2d 1079 (1988)

Pedro FERNANDEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 13, 1988.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Beth C. Weitzner, Asst. Public Defender, for appellee.

Robert A. Butterworth, Atty. Gen., and Susan Odzer Hugentugler, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BARKDULL and NESBITT, JJ.


PER CURIAM.

The defendant appeals his sentence claiming a) an inappropriate upward departure from sentencing guidelines, b) the illegal imposition of community service in lieu of payment of court costs, and c) the erroneous imposition of appellate court costs. We agree with each of his contentions and reverse the order with directions to resentence him within the proper sentencing guidelines and vacate those portions of the order inappropriately imposing costs.

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