Opinion
No. 84-1573.
May 8, 1985. Mandate Stayed and Rehearing Denied June 5, 1985.
Appeal from Circuit Court, Broward County; Mark Speiser, Judge.
Howard L. Finkelstein of Finkelstein and Dallas, P.A., Fort Lauderdale, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Robert L. Teitler, Asst. Atty. Gen., West Palm Beach, for appellee.
While we affirm all of the judgment and convictions, we must remand for resentencing. The trial court did not have the benefit of our decision in Boynton v. State, 10 F.L.W. 795 (Fla. 4th DCA March 27, 1985).
Upon resentencing, there can be no retention of jurisdiction, and any departure from the guidelines must be based upon clear and convincing reasons, expressed in writing.
HERSEY, GLICKSTEIN and DELL, JJ., concur.