WAHL v. STATE

No. 84-1812.

474 So.2d 328 (1985)

Peter Gerard WAHL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied August 27, 1985.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Michael E. Raiden, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Michael J. Kotler, Asst. Atty. Gen., Tampa, for appellee.


DANAHY, Acting Chief Judge.

Peter Gerard Wahl appeals from his sentence for burglary of a structure. He argues that the trial judge erred in relying on Florida Rule of Criminal Procedure 3.701(d)(14) to raise his sentence to the next higher cell without providing a reason for departure. The argument is founded on his contention that the rule was retroactively applied. We disagree and affirm the sentence.

In April 1982 appellant pled guilty and was placed on...

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