GRIFFIN v. STATE

No. 88-1814.

546 So.2d 91 (1989)

Calvin Eugene GRIFFIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

July 6, 1989.


Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, Paula S. Saunders, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., A.E. Pooser, IV, Asst. Atty. Gen., for appellee.


NIMMONS, Judge.

This is an appeal from an upward departure from the sentencing guidelines. Appellant asserts that the legislative amendments to Section 921.005, Florida Statutes, adopted by Chapter 87-110, section 2, Laws of Florida, which amendments (1) mandate affirmance of departure sentences based on only one sufficient departure reason notwithstanding the presence of other insufficient reasons; and (2) change the standard of proof to a preponderance of evidence...

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