GAINER v. STATE

No. 88-03042.

590 So.2d 1112 (1991)

Willie Gene GAINER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 27, 1991.


Attorney(s) appearing for the Case

Robert H. Grizzard, II, Lakeland, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Dell H. Edwards, Asst. Atty. Gen., Tampa, for appellee.


THREADGILL, Judge.

The appellant, Willie Gene Gainer, challenges his conviction and thirty-year upward departure sentence for trafficking in more than 400 grams of cocaine. We affirm the conviction; however we find that none of the reasons given by the trial court to justify departure from the sentencing guidelines are valid. We therefore reverse the appellant's sentence and remand for resentencing.

At resentencing, the trial court should impose the fifteen...

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