OCHOA v. STATE

No. 84-1849.

476 So.2d 1348 (1985)

Jorge OCHOA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 9, 1985.


Attorney(s) appearing for the Case

Gerald W. Medeiros, Lakeland, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.


HALL, Judge.

Defendant pled guilty to the charges of kidnapping with the use of a firearm and one count of armed robbery. The presumptive range under the sentencing guidelines was between nine and twelve years. The trial court departed from the guidelines and sentenced defendant to forty years in state prison. On appeal defendant challenges the sentence contending that the trial court's departure from the presumptive sentence was not based on valid, clear, and convincing...

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