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FRY v. STATE

No. BJ-401.

497 So.2d 964 (1986)

David FRY, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

November 18, 1986.

Attorney(s) appearing for the Case

Michael E. Allen, Public Defender and Larry G. Bryant, Asst. Public Defender, Tallahassee, for appellant.

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

ERVIN, Judge.

The appellant appeals the trial court's departure from the recommended guideline sentence of twelve to thirty months' community control to a total sentence of five years' incarceration. We find only one of the six reasons for departure, the appellant's expressed contempt for the judicial system, to be valid. Unlike Sarvis v. State, 465 So.2d 573 (Fla. 1st DCA 1985), in which the appellant's contempt for the...

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