VANOVER v. STATE

No. 84-2193.

481 So.2d 31 (1985)

Creed Martin VANOVER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 10, 1986.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Asst. Public Defender, Clearwater, for appellant.

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


CAMPBELL, Judge.

Appellant was charged with two counts of aggravated battery. A jury found appellant not guilty as to Count I and guilty as to Count II. The presumptive range recommended pursuant to the sentencing guidelines was community control or twelve to thirty months incarceration. The trial court departed from the guidelines and sentenced appellant to ten years imprisonment with 122 days credit for time served. The three-year minimum mandatory for aggravated...

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