JOHNSON v. STATE

No. BM-218.

503 So.2d 959 (1987)

Benjamin Levi JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied March 27, 1987.


Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, David P. Gauldin, Tallahassee, for appellant.

Jim Smith, Atty. Gen., Royall P. Terry, Jr., Asst. Atty. Gen., Tallahassee, for appellee.


PER CURIAM.

Defendant appeals his final judgment and sentence for battery and shooting into a building. We affirm the conviction but remand for resentencing.

After reviewing the briefs and record on appeal, we find no merit in defendant's arguments as they pertain to his conviction and adjudication of guilt. We do, however, find merit in defendant's contention that the trial court's written reason for departing from the presumptive guidelines sentence (habitual...

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