MONTI v. STATE

No. 85-612.

480 So.2d 223 (1985)

Joseph MONTI, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 26, 1985.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.


COBB, Chief Judge.

Joseph Monti appeals his sentence of five years' incarceration resulting from his conviction for carrying a concealed weapon. Monti's recommended guideline sentence was any nonstate prison sanction. The lower court elected to deviate from the recommended sentence to the statutory maximum of five years.

The trial court gave two reasons for departure. The first was that Monti failed to appear at his PSI interviews and at sentencing. Although...

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