Andrews v. State, 95-05090

• Decision Date: 03 April 1998
• Docket Number: No. 95-05090,95-05090
• Citation: 708 So.2d 654
• Parties: 23 Fla. L. Weekly D897 David B. ANDREWS, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 654

708 So.2d 654

23 Fla. L. Weekly D897

David B. ANDREWS, Appellant, v. STATE of Florida, Appellee.

No. 95-05090.

District Court of Appeal of Florida,

Second District.

April 3, 1998.

Appeal from the Circuit Court for Pasco County; William R. Webb, Judge.

Cedric P. Hay of Beil & Hay, P.A., Hudson, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Wendy Buffington, Assistant Attorney General, Tampa, for Appellee.

BLUE, Judge.

David B. Andrews appeals his conviction for scheme to defraud and the guidelines departure sentence imposed. As in the case of James A. Kipping, Andrews' co-defendant, we affirm the conviction, reverse the sentence and remand for resentencing within the guidelines. See Kipping v. State, 702 So.2d 578 (Fla. 2d DCA 1997). We resolve Andrews' only issue not presented in Kipping by holding the trial court did not abuse its discretion by denying his motion for continuance. See Parker v. State, 641 So.2d 369, 373-74 (Fla.1994); Corbett v. State, 602 So.2d 1240, 1242 (Fla.1992).

Accordingly, we affirm the conviction, reverse the departure sentence and remand for resentencing within the sentencing guidelines.

ALTENBERND, A.C.J., and YOUNG, ROBERT A., Associate Judge, concur.