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HARRIS v. STATE

No. BE-111.

489 So.2d 838 (1986)

Kenneth HARRIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 4, 1986.

Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, Carl S. McGinnes, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., Gregory G. Costas, Asst. Atty. Gen., for appellee.

SHIVERS, Judge.

Appellant argues that the trial court erred in using impermissible reasons to depart from the sentencing guidelines. We agree with appellant that one out of the court's five reasons is invalid. We nonetheless affirm the departure on the basis of Albritton v. State, 476 So.2d 158 (Fla. 1985) and State v. Young, 476 So.2d 161 (Fla. 1985).

As its second reason...

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