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Michael Patrick CLEMENT
v.
STATE of Florida
v.
STATE of Florida
No. 84-1573.
District Court of Appeal of Florida, Fourth District.
May 8, 1985.
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.
Dell, Glickstein, Hersey.
Cited by 2 opinions | Published
PER CURIAM.
While we affirm all of the judgment and convictions, we must remand for resentenc-ing. 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.