HENDRIX v. STATE

No. 83-1702.

455 So.2d 449 (1984)

Terry B. HENDRIX, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 22, 1984.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and James R. Wulchak, Chief, Appellate Div. Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Evelyn D. Golden, Asst. Atty. Gen., Daytona Beach, for appellee.


COBB, Chief Judge.

The appellant, Hendrix, challenges a four year prison sentence imposed by the trial judge outside the sentencing guidelines. Hendrix, who had pled guilty to grand theft, had a total of twenty-five points under the guidelines, the maximum sentence under the matrix for category six crimes thus being "any nonstate prison sanctions." Of these twenty-five points, twelve resulted from prior convictions. The trial judge entered an order, stating:

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