SIMMONS v. STATE

No. BD-336.

483 So.2d 530 (1986)

Roy SIMMONS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 20, 1986.


Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, and Glenna Joyce Reeves, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Gregory Costas, Asst. Atty. Gen., for appellee.


WILLIS, BEN C. (Ret.), Associate Judge.

Appellant contends that the trial court erred in relying on invalid reasons, and in sentencing him beyond the next higher cell of the guidelines, when sentencing appellant for a term of years outside the guidelines.

Appellant had been convicted in 1982, of possession of more than 20 grams of cannabis, and placed on probation for five years. In 1984, while still on probation...

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