Opinion
No. 91-1138.
March 27, 1992.
Appeal from the Circuit Court for Washington County; Judge Russell Cole.
Nancy A. Daniels, Public Defender, and Nada M. Carey, Asst. Public Defender, Tallahassee, for appellant.
Robert A. Butterworth, Atty. Gen., and Marilyn McFadden, Asst. Atty. Gen., Tallahassee, for appellee.
Willie James Mitchell appeals the sentence imposed outside the sentencing guidelines following conviction of burglary of a dwelling and sexual battery. The state concedes that the reasons given for departure have either been held invalid or are not supported by the record in this case. Accordingly, we reverse the sentence imposed herein, and remand for resentencing within the guidelines.
BARFIELD, ALLEN and KAHN, JJ., concur.