NUNEZ v. STATE

No. 85-778.

482 So.2d 565 (1986)

Carlos NUNEZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 5, 1986.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender and Douglas S. Connor, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Robert J. Krauss, Asst. Atty. Gen., Tampa, for appellee.


FRANK, Judge.

Carlos Nunez, who was convicted of and sentenced for possession of cocaine and possession of drug paraphernalia, urges us to vacate his sentence because the trial court relied upon impermissible reasons for departure from the guidelines. We agree.

Among the reasons expressed by the trial court for departure were an arrest for larceny, which had been dismissed, and the pendency of detainers for the defendant on similar criminal charges. The consideration...

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