WEBSTER v. STATE

No. 84-388.

461 So.2d 965 (1984)

Benny Lee WEBSTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 9, 1985.


Attorney(s) appearing for the Case

Jerry Hill, Public Defender, and David Dwiggins, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Theda James Davis, Asst. Atty. Gen., Tampa, for appellee.


OTT, Judge.

The trial court departed from the sentencing guidelines when it sentenced appellant for robbery, burglary, and grand theft. Certain of the reasons relied upon by the trial court for departing are impermissible, i.e., other offenses for which no charges had been brought and no convictions secured. Nevertheless, we affirm.

The court gave a number of perfectly valid clear and convincing reasons for departing from the presumptive guidelines sentence...

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