RODRIGUE v. STATE

No. 85-20.

481 So.2d 24 (1985)

Robert Norman RODRIGUE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 14, 1986.


Attorney(s) appearing for the Case

Eric A. Latinsky, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Gary W. Tinsley, Asst. Atty. Gen., Daytona Beach, for appellee.


ORFINGER, Judge.

The defendant appeals a departure sentence of 48 months' imprisonment after his probation was revoked. We affirm.

On September 21, 1984, defendant was placed on probation for two years after pleading nolo contendere to the crime of unlawful possession of a controlled substance (cocaine) in violation of section 893.13(1)(e), Florida Statutes (1983). Less than three weeks later an affidavit was filed charging that defendant had committed several...

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