STOOKSBURY v. STATE

No. 85-2673.

495 So.2d 845 (1986)

Joseph Harlin STOOKSBURY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 7, 1986.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, Marti Rothenberg, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., Susan Odzer Hugentugler, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and HUBBART and DANIEL S. PEARSON, JJ.


PER CURIAM.

Where, as here, the presumptive sentence established by the sentencing guidelines included a "nonstate prison sanction," and thus the permissible alternative of incarceration in the county jail, the trial court's conclusion that the defendant was "an unsuitable candidate to be placed on probation again" is not a clear and convincing reason to deviate from the guidelines. Heston v. State, 490 So.2d 157 (Fla. 2d...

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