COUSINS v. STATE

No. 85-2964.

507 So.2d 651 (1987)

Richard COUSINS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 29, 1987.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and W.H. Pasch, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph R. Bryant, Asst. Atty. Gen., Tampa, for appellee.


HALL, Judge.

In this appeal from his conviction and sentence for battery of a law enforcement officer, Cousins argues that the trial court's reasons for departure from the presumptive guidelines sentence were not clear and convincing. We agree and remand for resentencing.

Appellant was sentenced to thirty months' incarceration to be followed by two years' community control. In departing from the presumptive guidelines sentence of any nonstate prison sanction...

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