HALL v. STATE

No. 86-409.

495 So.2d 194 (1986)

Terry Lee HALL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied October 3, 1986.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Sean Daly, Asst. Atty. Gen., Daytona Beach, for appellee.


ORFINGER, Judge.

Once again1 we are compelled to reverse the departure sentence imposed here, because the reasons stated are not clear and convincing as required by Florida Rule of Criminal Procedure 3.701(d)11.

Following defendant's guilty plea to one count of burglary of a dwelling and aggravated assault with intent to commit a felony (murder), the trial court departed from the recommended sentence of non-state prison sanction...

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