IRVING v. STATE

No. 85-1365.

484 So.2d 78 (1986)

Walter Leon IRVING, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 5, 1986.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and D.P. Chanco, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Robert J. Krauss, Asst. Atty. Gen., Tampa, for appellee.


LEHAN, Judge.

Defendant appeals his sentence in this revocation of probation proceeding. He contends that the trial court improperly departed from the presumptive sentence under the sentencing guidelines by imposing a sentence of five years incarceration. The sentence was two cells higher than the presumptive guidelines sentence after raising the sentence one cell for revocation of probation, although the scoresheet appears to indicate erroneously that the sentence...

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