GARDENER v. STATE

No. 84-2.

462 So.2d 874 (1985)

Dan GARDENER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 30, 1985.


Attorney(s) appearing for the Case

Linnes Finney, Jr. of Gary, Williams & Walker, Fort Pierce, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Frank Migliore, Jr., and Katherine V. Blanco, Asst. Attys. Gen., Tampa, for appellee.


PER CURIAM.

The defendant, Dan Gardener, appeals a final judgment adjudicating him guilty of the sale of cocaine in violation of section 893.13(1)(a)(1), Florida Statutes (1981). We affirm.

We deem it appropriate to discuss only one of defendant's points on appeal: that the trial court erred in departing from the sentencing guidelines. The sentencing guideline worksheet indicated that the defendant had a total of 65 points which, under the guidelines, called...

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