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VENTOSA v. STATE

No. BR-384.

510 So.2d 1093 (1987)

Carlos VENTOSA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

July 31, 1987.

Attorney(s) appearing for the Case

Michael E. Allen, Public Defender and Phil Patterson, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen. and Raymond L. Marky, Asst. Atty. Gen., Tallahassee, for appellee.

JOANOS, Judge.

Ventosa appeals his sentence for aggravated assault which exceeds the guidelines recommendation. He argues that the trial court's reasons for exceeding the sentencing guidelines recommendation are not valid. We agree and remand for resentencing.

Appellant was charged with attempted murder by shooting a pistol, contrary to sections 782.04, 775.087(2) and 777.04, Florida Statutes. He was also charged with using a firearm in the commission of a...

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