SMITH v. STATE

No. 85-845.

480 So.2d 663 (1985)

John SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 3, 1986.


Attorney(s) appearing for the Case

Thomas C. Greene, Sanford, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for appellee.


COBB, Chief Judge.

Appellant, John Smith, timely appeals from a sentence of fifteen years in prison for unlawful possession of cocaine with intent to sell or deliver, in violation of section 893.13(1)(a)1, Florida Statutes (1983). This sentence was a departure from the guidelines and constituted the maximum term provided by law. All the relevant facts are contained in the trial judge's order explaining his reasons for departure. The order reads as follows:

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