FABELO v. STATE

No. 85-166.

488 So.2d 915 (1986)

Carlos M. FABELO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 23, 1986.


Attorney(s) appearing for the Case

J. Marion Moorman, Public Defender, Bartow, and L.S. Alperstein, Asst. Public Defender, Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Frank Migliore, Jr., Asst. Atty. Gen., Tampa, for appellee.


SCHEB, Judge.

This is a sentencing guidelines case. We vacate appellant's sentences because the court departed from the guidelines without stating clear and convincing reasons.

Appellant pled guilty to the charge of accessory after the fact and was placed on probation for five years. Shortly thereafter, he pled guilty to carrying a concealed firearm and received three years' probation to run concurrently with the earlier probation. Later, affidavits were filed...

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