STATE v. BENTLEY

Nos. 84-1391, 84-1392.

475 So.2d 255 (1985)

STATE of Florida, Appellant, v. Rose Mae BENTLEY, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 6, 1985.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Margene A. Roper, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellee.


DAUKSCH, Judge.

This is an appeal from a downward departure from a guideline sentence.

The reasons given for the departure were that "Defendant is under a seven year sentence for similar crimes; defendant's age, education and remorsefulness; defendant's good attitude and cooperation; also is eight months' pregnant."

The reasons given are not sufficient to allow a departure. As to the first — that appellant is already under a seven year sentence...

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