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STATE v. VILLALOVO

No. 84-2554.

481 So.2d 1303 (1986)

The STATE of Florida, Appellant, v. Daniel VILLALOVO a/K/a Daniel Laso, Appellee.

District Court of Appeal of Florida, Third District.

January 28, 1986.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Jacki B. Geartner and Steven Scott, Asst. Attys. Gen., for appellant.

Bennett H. Brummer, Public Defender and Howard K. Blumberg, Asst. Public Defender, for appellee.

Before SCHWARTZ, C.J., and BARKDULL and JORGENSON, JJ.

SCHWARTZ, Chief Judge.

This is a state appeal from a downward departure from the sentencing guidelines. Because of the defendant's prior record, the recommended sentence for his possession of one-half gram of cocaine was 22-27 years, subject to the five year statutory maximum. §§ 893.13(1)(e), 775.082, Fla. Stat. (1983). The trial judge placed Villalovo on five years probation subject to a condition of eighteen months community control. We think it clear...

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