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Alexander v. State

Citations: 527 So. 2d 952; 13 Fla. L. Weekly 1570; 1988 Fla. App. LEXIS 2825; 1988 WL 67785Docket: No. 87-3000

Court: District Court of Appeal of Florida; July 5, 1988; Florida; State Appellate Court

Narrative Opinion Summary

The court found that the reasons provided for a significant upward departure from the sentencing guidelines were legally insufficient and not established beyond a reasonable doubt. Citing precedents including Scurry v. State and Watkins v. State, the court emphasized that the justifications failed to meet the required legal standards. As a result, the sentence was reversed, and the case was remanded for resentencing within the established guidelines.

Legal Issues Addressed

Appellate Review of Sentences

Application: The appellate court reversed the sentence due to insufficient justification for the departure and remanded the case for resentencing within the guidelines.

Reasoning: As a result, the sentence was reversed, and the case was remanded for resentencing within the established guidelines.

Burden of Proof in Sentencing

Application: The justifications for the sentence enhancement did not meet the required legal standards of being proven beyond a reasonable doubt.

Reasoning: Citing precedents including Scurry v. State and Watkins v. State, the court emphasized that the justifications failed to meet the required legal standards.

Sentencing Guidelines Departure

Application: The court determined that the reasons given for a significant upward departure from the sentencing guidelines were not legally sufficient.

Reasoning: The court found that the reasons provided for a significant upward departure from the sentencing guidelines were legally insufficient and not established beyond a reasonable doubt.