STATE v. HOLCOMB

No. 84-2325.

481 So.2d 1263 (1986)

The STATE of Florida, Appellant, v. Tommy L. HOLCOMB, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 18, 1986.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Richard E. Doran, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Marti Rothenberg, Asst. Public Defender, for appellee.

Before BARKDULL, HUBBART and NESBITT, JJ.


PER CURIAM.

The order placing the defendant Tommy L. Holcomb on probation, with a special condition of 364 days confinement in jail, for the crime of armed robbery is reversed and the cause is remanded to the trial court with directions to resentence the said defendant. We reach this conclusion based on the following, briefly stated legal analysis.

First, the said order constitutes a departure from the sentencing guidelines established by Fla.R.Crim.P. 3.701...

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