MacFARLAND v. STATE

No. 84-747.

462 So.2d 496 (1984)

David W. MacFarland, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 18, 1985.


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 Gary W. Tinsley, Asst. Atty. Gen., Daytona Beach, for appellee.


ORFINGER, Judge.

The appellant plead guilty to a charge of burglary of a dwelling, a second degree felony. He appeals a sentence of three years' imprisonment followed by seven years' probation. Appellant's recommended guidelines sentence was three years' incarceration. We affirm.

The crime for which appellant was sentenced and the sentencing itself took place prior to July 1, 1984. At that time, Committee Note (d)(12) to Rule 3.701, Florida Rules of Criminal...

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