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PER CURIAM. A trial court may not use as a reason to enhance a criminal sentence an element that has already been factored into the sentencing guidelines. State v. Mischler, 488 So.2d 523 (Fla.1986). Therefore, the sentence under review is reversed with directions to resentence the defendant within the appropriate guidelines.
Reversed and remanded with directions.
Document Info
Docket Number: No. 87-1793
Citation Numbers: 522 So. 2d 101, 13 Fla. L. Weekly 748, 1988 Fla. App. LEXIS 1160, 1988 WL 23461
Judges: Barkdull, Nesbitt, Pearson
Filed Date: 3/22/1988
Precedential Status: Precedential
Modified Date: 10/18/2024