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McCOY v. STATE

No. AX-31.

458 So.2d 1193 (1984)

Maple McCOY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

November 14, 1984.

Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, and Paula S. Saunders, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and Lawrence A. Kaden, Asst. Atty. Gen., Tallahassee, for appellee.

BARFIELD, Judge.

The trial court departed from the sentencing guidelines for the following stated reason:

[T]he court has gone outside the sentencing guidelines because this man was previously placed on probation. That in itself the court considers to be aggravating circumstances sufficient not to be bound by sentencing guidelines.

We affirm the departure from the guidelines. Carter v. State, 452 So.2d 953

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