STUBBS v. STATE

No. AZ-388.

470 So.2d 768 (1985)

Johnnie B. STUBBS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 6, 1985.


Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and Andrea Smith Hillyer, Asst. Atty. Gen., Tallahassee, for appellee.


PER CURIAM.

Appellant appeals from a 30-month sentence for possession of more than five grams of cannabis. He contends that the trial court erred in relying on Rule 3.701(d)(14), Florida Rules of Criminal Procedure, to elevate his sentence to the next higher guidelines cell without providing a reason for departure.1

On September 18, 1979, appellant entered a guilty plea to the offense of possession of more than five grams of cannabis...

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