McCARTHY v. STATE

No. 85-1443.

492 So.2d 462 (1986)

Willie J. McCARTHY, Jr., Appellant/Cross-Appellee, v. STATE of Florida, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

August 7, 1986.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant/cross-appellee.

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


COWART, Judge.

This is another sentencing guidelines departure case.

We affirm the convictions but reverse the sentence which departed downward from the recommended guideline sentence. The four reasons given for departure consist in substance of but two reasons, viz: the defendant's young age and the need to bring the defendant's sentence into parity with the sentence imposed on certain co-defendants. To make one defendant's sentence more consistent with sentences...

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