BROWN v. STATE

No. 85-1801.

488 So.2d 641 (1986)

Darryl BROWN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 14, 1986.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and D.P. Chanco, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.


SCHEB, Judge.

Appellant Darryl Brown challenges his sentence imposed upon a finding that he violated certain conditions of his community control. Specifically, he argues that the trial court erred in departing from the recommended range of the sentencing guidelines without giving clear and convincing reasons. Appellant is correct.

In May 1984 appellant pled guilty to a charge of sexual battery. The court withheld adjudication and placed appellant on two years...

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