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Olofson v. State

Carl OLOFSON v. STATE of Florida, Appellee STATE of Florida v. Carl OLOFSON

Olofson v. State, 483 So. 2d 468 (Fla. Dist. Ct. App. 1986)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
February 7, 1986
Docket
Nos. 85-1459, 85-1460
Judges
Anstead, Hersey, Hurley
Citations
483 So. 2d 46811 Fla. L. Weekly 3711986 Fla. App. LEXIS 6236

Opinion of the Court

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PER CURIAM.

AFFIRMED.

HERSEY, C.J., and ANSTEAD, J., concur. HURLEY, J., dissents with opinion.

Dissent — Hurley

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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).

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Authorities cited 1

DepthCaseCited by
Santiago v. State, 478 So. 2d 47 (Fla. 1985) 22

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