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KIRK v. STATE

No. 85-1769.

490 So.2d 176 (1986)

John Robert KIRK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 19, 1986.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Michael S. Becker, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Ellen D. Phillips, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Judge.

Appellant Kirk appeals his sentence imposed in excess of the recommended guideline sentence. Kirk was arrested and pled guilty to resisting an officer with violence in violation of section 843.01, Florida Statutes (1983). The trial court set forth three written reasons for departure. The second reason, which stated "taking into consideration the danger presented to the law enforcement officers," is not a valid reason. Danger presented to a victim is...

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