ATWATERS v. STATE

No. BH-297.

495 So.2d 1219 (1986)

Donald Jerome ATWATERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

October 15, 1986.


Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, P. Douglas Brinkmeyer, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., Barbara Ann Butler, Asst. Atty. Gen., for appellee.


WIGGINTON, Judge.

Appellant appeals a sentencing order, in which the trial judge departed from the recommended guidelines range of four and one-half years to five and one-half years to sentence appellant to eight years in prison, upon appellant's conviction, after jury trial, of trafficking in heroin in violation of section 893.135(1)(c)1. We affirm in part, reverse in part, and certify a question to the Supreme Court of Florida.

At trial, evidence was presented...

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