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JONES v. STATE

No. 86-1763.

520 So.2d 109 (1988)

Johnny Jay JONES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 18, 1988.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Christopher S. Quarles, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Kevin Kitpatrick Carson, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Judge.

This is an appeal from a sentence. The trial court gave as a reason for departure that the murder appellant committed was done to eliminate a witness. This is a valid reason for departure. See Blankenship v. State, 516 So.2d 76 (Fla. 5th DCA 1987). However, we do not have any record to review which substantiates that reason for departure. Thus we must remand for...

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