JOHNSON v. STATE

No. 86-2573.

510 So.2d 658 (1987)

James E. JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 31, 1987.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Asst. Public Defender, Clearwater, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.


SCHEB, Acting Chief Judge.

Defendant, James E. Johnson, appeals his judgment and sentence for kidnapping and petit theft. The only point he raises is that the trial court improperly departed from the recommended guidelines sentence. He is correct.

In 1984, defendant was charged with kidnapping and robbery. He was found guilty of kidnapping and grand theft; however, the court subsequently reduced the theft offense to petit theft. The trial court departed from...

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