STATE v. THOMAS

Nos. 86-2858, 86-2864.

516 So.2d 1058 (1987)

The STATE of Florida, Appellant, v. Robert THOMAS a/k/a Robert Johnson, Appellee.

District Court of Appeal of Florida, Third District.

December 15, 1987.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen. and Debora J. Turner, for appellant.

Bennett H. Brummer, Public Defender and Thomas G. Murray, Asst. Public Defender, for appellee.

Before SCHWARTZ, C.J., and BASKIN and DANIEL S. PEARSON, JJ.


SCHWARTZ, Chief Judge.

The state appeals from a downward departure from the sentencing guidelines. Upon his apprehension with the spoils of a body shop burglary, Johnson was found to have a minute amount of cocaine in his possession. Pursuant to a plea bargain with the court to which the prosecution objected, Johnson pled nolo to charges of second degree grand theft and possession of cocaine and was sentenced to concurrent sentences of a year and a day in the state...

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