ALEXANDER v. STATE

No. 86-894.

513 So.2d 1117 (1987)

Tommy ALEXANDER, a/K/a Angus McCant, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 16, 1987.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Asst. Public Defender, Clearwater, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol M. Dittmar, Asst. Atty. Gen., Tampa, for appellee.


THREADGILL, Judge.

Tommy Alexander appeals his sentences in excess of the guidelines recommended range. We agree that the reasons given for upward departure by the trial judge are invalid. We therefore reverse and remand this case for resentencing.

Alexander was originally placed on five years probation for grand theft and resisting arrest with violence. Thereafter, he pled guilty to carrying a concealed firearm, possession of cocaine with intent to sell,...

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