AGATONE v. STATE

No. 84-2282.

474 So.2d 846 (1985)

Michael Angelo AGATONE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied August 28, 1985.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and D.P. Chanco, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.


HALL, Judge.

The trial court departed from the sentencing guidelines when it sentenced appellant for first-degree arson. The trial judge based the departure on two grounds: (1) that appellant was a devious person who committed perjury before the court and (2) that appellant committed several violent crimes in the past and thus posed a danger to the community. On appeal appellant challenges the validity of these grounds.

We agree with appellant that the first...

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