FULLER v. STATE

No. 85-1090.

488 So.2d 594 (1986)

Phillip J. FULLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 2, 1986.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Asst. Public Defender, Clearwater, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Peggy A. Quince, Asst. Atty. Gen., Tampa, for appellee.


HALL, Judge.

Appellant, Phillip J. Fuller, was charged with armed robbery. Pursuant to a jury trial he was convicted as charged and sentenced to life imprisonment. Appellant raised two points on appeal. We find no merit to his first point on appeal but agree that the court improperly departed from the guidelines and, accordingly, remand for resentencing.

While the sentencing guidelines prescribed a sentence of nine to twelve years, the trial judge elected...

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