McCLURE v. STATE

No. 86-1189.

513 So.2d 1119 (1987)

Jimmy McCLURE, 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, and John T. Kilcrease, Jr., Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Erica M. Raffel, Asst. Atty. Gen., Tampa, for appellee.


PER CURIAM.

Defendant appeals from the revocation of his probation and from the trial court's upward departure from the sentencing guidelines.

We affirm the revocation of probation. It is clear that defendant violated a material condition of his probation by his convictions for sale and possession of marijuana with the intent to sell. The other reasons given in the order revoking probation were either not valid or not established and should be stricken.

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