SMITH v. STATE

No. 84-1640.

466 So.2d 1224 (1985)

Elbert Royce SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 10, 1985.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender and William H. Pasch, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee and Karla J. Staker, Asst. Atty. Gen., Tampa, for appellee.


PER CURIAM.

Appellant pleaded guilty to the offense of shooting into an occupied vehicle and was sentenced to thirty months incarceration followed by two years probation, a departure from the sentencing guidelines recommendation. Appellant asserts three points on appeal. The first, that the trial judge erred in departing from the guidelines, is without merit. Webster v. State, 461 So.2d 965 (Fla. 2d DCA 1984); Green v...

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