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PRESLEY v. STATE

No. 87-0182.

517 So.2d 139 (1988)

Steve PRESLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

January 6, 1988.

Attorney(s) appearing for the Case

Michael J. Kessler, of Michael J. Kessler, P.A., Port St. Lucie, and Juan F. Torres, III, of Blake & Torres, P.A., Fort Pierce, for appellant.

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

PER CURIAM.

We affirm appellant's conviction but remand for resentencing because we find that some of the reasons given by the trial court for departing from the sentencing guidelines are invalid. Of the four reasons listed in the sentencing order, only reason number one is a legally valid reason and supported by the proof. See Davis v. State, 455 So.2d 602 (Fla. 5th DCA 1984)....

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