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SHELTON v. STATE

No. 85-104.

478 So.2d 433 (1985)

Donald R. SHELTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 7, 1985.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

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

SHARP, Judge.

Shelton appeals his departure sentence which he received in this case for grand theft. The presumptive sentence was any nonstate prison sanction, but the trial court increased the severity of the sentence up three sentence range brackets, to four years in prison. We reverse because we find the reasons given for the departure sentence were not clear and convincing, or were not supported by the record. Fla.R. Crim.P. 3.701(d)(11).

The court gave...

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