Olofson v. State (483 So. 2d 468, 1986)

Florida District Court of Appeal 1986-02-07

Citations

Full opinion text

PER CURIAM.

AFFIRMED.

HERSEY, C.J., and ANSTEAD, J., concur.

HURLEY, J., dissents with opinion.

HURLEY, Judge,

dissenting.

The trial court departed downward from the guidelines’ presumptive sentence with this justification: “Recommended sentence of HRS is felt to be adequate.” This is simply not a “clear and convincing” reason to justify departure. See Rule 3.701(b)(6), Fla.R.Crim.P.; see also Santiago v. State, 478 So.2d 47 (Fla.1985).