NELSON v. STATE

No. 86-2448.

516 So.2d 1075 (1987)

Timothy NELSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 16, 1987.


Attorney(s) appearing for the Case

R.E. Fernandez of Fernandez & Muller, Tampa, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and David R. Gemmer, Asst. Atty. Gen., Tampa, for appellee.


PER CURIAM.

Defendant appeals from the trial court's upward departure from the sentencing guidelines. We reverse.

The court's reasons for departure were as follows: "The facts of the instant case and the defendant's criminal behavior indicate that the defendant is clearly a menace to society...." The order then appears to outline those facts and behavior which essentially were that prior to entering the house where defendant and his codefendant girlfriend...

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