STATE v. DAUGHTRY

No. 4-86-2412.

505 So.2d 537 (1987)

STATE of Florida, Appellant, v. Bruce DAUGHTRY, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and Certification Denied April 16, 1987.


Attorney(s) appearing for the Case

Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, and Amy L. Diem, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Asst. Public Defender, West Palm Beach, for appellee.


DOWNEY, Judge.

The state appeals the sentence imposed upon appellant, Bruce Daughtry, because it deviates downward from the sentencing guidelines without clear and convincing reasons. We reverse and hold that the departure is not based upon clear and convincing reasons for a guidelines departure as required by law.

Daughtry was tried and convicted of five counts of robbery without a firearm. It appears that he had two prior robbery convictions, making a total...

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