BOUYER v. STATE

No. 85-77.

478 So.2d 882 (1985)

Gary BOUYER a/K/a Gary Boyer, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 21, 1985.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Michael S. Beckman, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Margene A. Roper, Asst. Atty. Gen., Daytona Beach, for appellee.


SHARP, Judge.

Bouyer appeals his guideline sentence as illegal because the trial judge departed from the presumptive sentence of community control or twelve to thirty months incarceration, and imposed a sentence of three and one-half years, a sentence one range above. Appellant argues that the trial judge erroneously applied Florida Rule of Criminal Procedure 3.701(d)(14) in sentencing him one range above the presumptive sentence under the guidelines without giving...

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