Cord v. State

Full title: LEONARD CORD, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Nov 29, 1985

478 So. 2d 1191 (Fla. Dist. Ct. App. 1985)

Opinion

No. 85-71.

November 29, 1985.

Appeal from the Circuit Court for Volusia County; C. McFerrin Smith, III, Judge.

James B. Gibson, Public Defender, and David B. Russell, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

To justify imposing a sentence departing from the recommended guideline range the trial judge assigned some valid (permissible) and some invalid (impermissible) reasons. We vacate the sentence and remand for resentencing. See Albritton v. State, 476 So.2d 158 (Fla. 1985); Hendrix v. State, 475 So.2d 1218 (Fla. 1985).

REVERSED and REMANDED.

ORFINGER, SHARP and COWART, JJ., concur.