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FINKELSTEIN v. STATE

No. 90-2998.

582 So.2d 1260 (1991)

Ronald FINKELSTEIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 7, 1991.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Joseph R. Chloupek, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph A. Tringali, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

The trial court's reasons for imposing a sentence which constituted an upward departure from the guidelines are not supported by facts in the record that are credible and proven by a preponderance of the evidence. Therefore, we reverse appellant's sentence and remand for resentencing within the guidelines. § 921.001(5), Fla. Stat. (1989); Griffin v. State, 546 So.2d 91 (Fla. 1st DCA), rev. denied,...

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