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Limback v. State

District Court of Appeal of Florida, Fourth District
Jan 3, 1992
590 So. 2d 1132 (Fla. Dist. Ct. App. 1992)

Opinion

No. 90-2032.

January 3, 1992.

Appeal from the Circuit Court for St. Lucie County; Marc A. Cianca, Judge.

Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. General, Tallahassee, and Melynda L. Melear, Asst. Atty. Gen., West Palm Beach, for appellee.


This is the second time this case has come before us. Limback v. State, 558 So.2d 542 (Fla. 4th DCA 1990). On the first occasion, we reversed for failure to enunciate written reasons for sentencing departure. See Ree v. State, 565 So.2d 1329 (Fla. 1990). On this second occasion, we must reverse again. This time the court again departed and imposed the same sentence as before, but provided written reasons. However, our supreme court has decreed that such cannot be done. On remand, there is no possibility of departure from the guidelines. Robinson v. State, 571 So.2d 429 (Fla. 1990).

REVERSED.

ANSTEAD, J., and FRANK, RICHARD H., Associate Judge, concur.


Summaries of

Limback v. State

District Court of Appeal of Florida, Fourth District
Jan 3, 1992
590 So. 2d 1132 (Fla. Dist. Ct. App. 1992)
Case details for

Limback v. State

Case Details

Full title:LESLIE LEE LIMBACK, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jan 3, 1992

Citations

590 So. 2d 1132 (Fla. Dist. Ct. App. 1992)