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STATE v. McCARTHY

No. 86-151.

502 So.2d 955 (1987)

STATE of Florida, Appellant, v. John Robert McCARTHY, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 23, 1987.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Katherine V. Blanco, Asst. Atty. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender, Bartow, and Paul C. Helm, Asst. Public Defender, Bartow, for appellee.

PER CURIAM.

The appellee, John Robert McCarthy, was convicted of burglary of a dwelling and grand theft in violation, respectively, of sections 810.02 and 812.014, Florida Statutes (1985).

The guidelines scoresheet recommended 4 1/2 to 5 1/2 years of incarceration. The trial court, however, departed downward and sentenced McCarthy to 2 years of community control for the grand theft conviction, followed by 15 years probation imposed for the burglary conviction...

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