SIMMONS v. STATE

Nos. 85-450 to 85-453.

496 So.2d 911 (1986)

John Smith SIMMONS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 24, 1986.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, Deborah K. Brueckheimer, Asst. Public Defender, Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee, Lauren Hafner Sewell, Asst. Atty. Gen., Tampa, for appellee.


SANDERLIN, Judge.

This is an appeal from a sentence imposed following revocation of probation, and is a departure from the sentencing guidelines. We reverse.

In 1979, appellant was charged with five counts of dealing in stolen property. Appellant pled guilty to the charges and was placed on concurrent terms of seven years probation, which were to follow appellant's release from an unrelated prison sentence. In December 1982, an affidavit of violation of probation...

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