511 So. 2d 995

Robert REICHMAN, Petitioner, v. STATE of Florida, Respondent.

No. 69801.

Supreme Court of Florida.

Sept. 10, 1987.

Michael E. Allen, Public Defender, Second Judicial Circuit, and P. Douglas Brink-meyer, Asst. Public Defender, Tallahassee, for petitioner.

Robert A. Butterworth, Atty. Gen., and Gary L. Printy, Asst. Atty. Gen., Tallahassee, for respondent.

BARKETT, Justice.

We have for review Reichman v. State, 497 So.2d 293 (Fla. 1st DCA 1986), in which the district court certified the following question as one of great public importance:

DOES A TRIAL COURT’S STATEMENT, MADE AT THE TIME OF DEPARTURE FROM THE SENTENCING GUIDELINES, THAT IT WOULD DEPART FOR ANY ONE OF THE REASONS GIVEN, REGARDLESS OF WHETHER BOTH VALID AND INVALID REASONS ARE FOUND ON REVIEW, SATISFY THE STANDARD SET FORTH IN ALBRITTON v. STATE?

Id. at 294-95. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

We recently answered this question in the negative in Griffis v. State, 509 So.2d 1104 (Fla.1987). Accordingly, we quash the decision of the district court and direct that the case be remanded to the trial court for resentencing.

It is so ordered.

McDonald, C.J., and OVERTON, EHRLICH, SHAW and GRIMES, JJ., concur.

KOGAN, J., dissents.

Reichman v. State
511 So. 2d 995

Case Details

Name
Reichman v. State
Decision Date
Sep 10, 1987
Citations

511 So. 2d 995

Jurisdiction
Florida

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