O'MALLEY v. STATE

No. 84-583.

462 So.2d 868 (1985)

Timothy James O'MALLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

January 30, 1985.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Lawrence Duffy, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

Upon finding appellant guilty of violation of his probation, the parties agreed that the appellant had a guideline score of fifty points, which placed him in the twelve to thirty months sentence range. However, the trial court felt he could elevate the sentence to the next category or grid on a violation of probation and thus sentenced appellant to two years, ten months, and nine days, with credit for time served. Appellant objected to raising the sentence...

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