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WHITLOCK v. STATE

No. 84-264.

458 So.2d 888 (1984)

William F. WHITLOCK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 15, 1984.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Lucinda H. Young, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Kenneth McLaughlin, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

Whitlock appeals from his sentence on the grounds that there are no clear and convincing reasons for the trial court's departure, Fla.R.Crim.P. 3.701(d)(11), and that the trial court's departure from the recommended sentence was excessive. We affirm.

Appellant was convicted by a jury of criminal mischief with damages over $11,000.00.1 On March 30, 1979, he was placed on probation for five years for that offense.

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