Opinion
No. 90-2998.
August 7, 1991.
Appeal from the Circuit Court for Broward County; Thomas M. Coker, Jr., Judge.
Richard L. Jorandby, Public Defender, and Joseph R. Chloupek, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph A. Tringali, Asst. Atty. Gen., West Palm Beach, for appellee.
The trial court's reasons for imposing a sentence which constituted an upward departure from the guidelines are not supported by facts in the record that are credible and proven by a preponderance of the evidence. Therefore, we reverse appellant's sentence and remand for resentencing within the guidelines. § 921.001(5), Fla. Stat. (1989); Griffin v. State, 546 So.2d 91 (Fla. 1st DCA), rev. denied, 553 So.2d 1165 (Fla. 1989). See also Nelson v. State, 567 So.2d 548, 549 n. 1 (Fla. 5th DCA 1990). In all other respects, we affirm.
AFFIRMED IN PART; REVERSED IN PART; REMANDED.
HERSEY, STONE and GARRETT, JJ., concur.