FISHER v. STATE

No. BH-347.

489 So.2d 857 (1986)

Leroy FISHER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 6, 1986.


Attorney(s) appearing for the Case

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

Jim Smith, Atty. Gen., Henri C. Cawthon, Asst. Atty. Gen., for appellee.


WENTWORTH, Judge.

Appellant seeks review of three sentences to consecutive five year terms of imprisonment imposed after revocation of probation for three counts of grand theft. We find that the court erred by improperly departing from the recommended sentence established pursuant to the Fla.R.Crim.P. 3.701 guidelines. We therefore vacate appellant's sentences and remand the cause for resentencing.

Appellant entered...

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