MACK v. STATE

Nos. 85-1355 to 85-1357.

489 So.2d 205 (1986)

Randolph MACK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 30, 1986.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and L.S. Alperstein, Asst. Public Defender, Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.


DANAHY, Judge.

On this appeal the defendant contends that his sentences are improper upward departures from the recommended guidelines range applicable to the defendant's offenses. We agree and reverse.

The defendant was originally charged with burglary of a dwelling and grand theft in the second degree. He entered a plea of nolo contendere and was placed on probation for five years. In 1984, the defendant was found guilty of probation violations, and his...

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