DAVIS v. STATE

No. 83-1831.

455 So.2d 602 (1984)

Jimmy Lee DAVIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 6, 1984.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Richard B. Martell, Asst. Atty. Gen., Daytona Beach, for appellee.


COBB, Chief Judge.

Jimmy Lee Davis appeals his two concurrent sentences of fifteen years incarceration. He challenges the propriety of the trial court's departure from the sentencing guidelines recommendation.

On September 26, 1980, Davis was placed on ten years' probation with one year incarceration for robbery and aggravated battery. On December 7, 1983, he pleaded guilty to violating his probation by having committed two robberies and one attempted rape...

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