WHITFIELD v. STATE

No. 85-1552.

490 So.2d 1358 (1986)

Jerome WHITFIELD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

July 10, 1986.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and James R. Wulchak, Chief, Appellate Div., Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Paula C. Coffman, Asst. Atty. Gen., Daytona Beach, for appellee.


ORFINGER, Judge.

This is an appeal from a guidelines departure sentence. We vacate the sentence.

The defendant was charged by indictment with first degree murder by shooting the victim with a firearm. Pursuant to a plea agreement, defendant entered a plea of guilty to the lesser offense of manslaughter, with the understanding that the State would attempt to secure a departure sentence. The trial court adjudicated defendant guilty of manslaughter, a second...

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