BURCH v. STATE

No. AX-132.

462 So.2d 548 (1985)

George W. BURCH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

January 11, 1985.


Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, Glenna Joyce Reeves, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., Gary L. Printy, Asst. Atty. Gen., for appellee.


WENTWORTH, Judge.

Appellant challenges the trial court's decision to depart from the sentencing guidelines and impose two concurrent five year prison terms instead of the recommended sentence of community control or twelve to thirty months' incarceration. He asserts that the trial court's stated reasons for departure are not clear and convincing as required by Fla.R.Crim.P. 3.701(d)(11). We agree that three of the four reasons given by the trial court do not support...

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