EMORY v. STATE

Nos. 84-645, 84-646.

463 So.2d 1242 (1985)

Ronald Ivey EMORY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 20, 1985.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Amelia G. Brown, Asst. Public Defender, Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Michael J. Kotler, Asst. Atty. Gen., Tampa, for appellee.


LOGAN, PAUL E., Associate Judge.

In these consolidated appeals Appellant (Emory) challenges sentences outside the guidelines with the trial court retaining jurisdiction over one-half the sentence. We set aside the retention of jurisdiction, but affirm the departure from the sentencing guidelines.

Emory was charged by information with two counts of lewd and lascivious behavior with a child under the age of 14, allegedly committed in June, 1983. By separate...

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