CLOE v. STATE

No. 90-3154.

613 So.2d 70 (1993)

Jack Allen CLOE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 2, 1993.


Attorney(s) appearing for the Case

Fredrick R. Susaneck of Essen and Essen, P.A., West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, Georgina Jimenez-Orosa and John Tiedemann, Asst. Atty. Gen., West Palm Beach, for appellee.


STONE, Judge.

We affirm Appellant's conviction of DUI manslaughter but reverse and remand for resentencing.

Although the record supports Appellant's sentence as a habitual offender, the 20 year sentence exceeds the guideline range. The only written reason supporting an aggravated sentence, Appellant's drug use, would support a downward deviation but not an aggravation. Cf. Barbera v. State, 505 So.2d 413 (Fla. 1987...

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