CLIFTON v. STATE

No. 91-1894.

608 So.2d 890 (1992)

Gene C. CLIFTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 4, 1992.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Melynda L. Melear, Asst. Atty. Gen., West Palm Beach, for appellee.


WARNER, Judge.

Appellant challenges his departure sentence for several counts of Driving Under the Influence resulting in serious personal injuries. He contends that the trial court's announced reasons of breach of trust and the age and vulnerability of the victims are not valid reasons for departure in this case. We agree and reverse.

On a rainy July 4, 1990, appellant was driving his girlfriend, their two children and their baby-sitter home from a fireworks...

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