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STATE v. MIHOCIK

No. 85-711.

480 So.2d 711 (1986)

STATE of Florida, Appellant, v. Eric James MIHOCIK, Appellee.

District Court of Appeal of Florida, Fifth District.

January 2, 1986.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee and Kevin K. Carson, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender and Larry B. Henderson, Asst. Public Defender, Daytona Beach, for appellee.

COWART, Judge.

This is another guideline sentencing case. The trial court imposed a sentence that departed downward from the recommended guideline sentence for the reason that the defendant was only eighteen years old and his prior criminal activity had resulted in probation from the county court.

The defendant's prior criminal record is a factor to be scored in a guideline scoresheet and cannot be used as a reason...

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