CASSELL v. STATE

No. 85-1469.

489 So.2d 752 (1986)

Charles M. CASSELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied June 12, 1986.


Attorney(s) appearing for the Case

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

Jim Smith, Atty. Gen., Tallahasse, and Gary O. Welch, Asst. Atty. Gen., Tampa, for appellee.


HALL, Judge.

Charles Cassell appeals his conviction for burglary and grand theft. Appellant raises two points on appeal. We find no merit to the first point on appeal, but agree that the trial court erred in sentencing appellant.

After a jury found appellant guilty of both offenses, the trial judge departed from the presumptive guidelines range of three years and sentenced appellant to five years' imprisonment on each offense, to run concurrently.

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