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San Pedro v. State

District Court of Appeal of Florida, Third District
Sep 6, 1988
561 So. 2d 1163 (Fla. Dist. Ct. App. 1988)

Opinion

No. 88-1575.

September 6, 1988.

An Appeal from the Circuit Court for Dade County; Harold Solomon, Judge.

Cooper, Wolfe Bolotin and Marc Cooper, Miami, for appellant.

Robert A. Butterworth, Atty. Gen., Janet Reno, State Atty. and Anthony C. Musto, Asst. State Atty., for appellee.

Before SCHWARTZ, C.J., BASKIN, J., and JOSEPH P. McNULTY, Associate Judge.


The defendant seeks review of an upward departure from the sentencing guidelines. Both of the grounds relied upon below have since been held insufficient by determinative decisions of our supreme court. State v. Jones, 530 So.2d 53 (Fla. 1988) invalidates the first basis for departure; State v. Hope, 529 So.2d 275 (Fla. 1988) the second. Accordingly, the cause is remanded for resentencing within the guidelines.


1. That the six counts of unlawful compensation for which the defendant was convicted occurred on a continuing basis over a relatively short period of time. . . .
2. That the primary purpose of the six counts of unlawful compensation for which the defendant was convicted was to disrupt or hinder law enforcement. . . .


Summaries of

San Pedro v. State

District Court of Appeal of Florida, Third District
Sep 6, 1988
561 So. 2d 1163 (Fla. Dist. Ct. App. 1988)
Case details for

San Pedro v. State

Case Details

Full title:ALBERTO ELIO SAN PEDRO, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Sep 6, 1988

Citations

561 So. 2d 1163 (Fla. Dist. Ct. App. 1988)