SPARKMAN v. STATE

No. BG-340.

507 So.2d 1188 (1987)

Thomas Ray SPARKMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 2, 1987.


Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, Kathleen Stover, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., Kurt L. Barch, Asst. Atty. Gen., for appellee.


SHIVERS, Judge.

While incarcerated in the Bay County Jail on a charge of grand theft, appellant and a codefendant grabbed a correctional officer, locked him in a cell, and escaped. Appellant was subsequently charged with kidnapping and escape, to which he entered pleas of nolo contendere. On April 18, 1985, he was sentenced to consecutive 12-year terms of imprisonment on each count. The presumptive guideline sentence was 9-12 years.

We find two bases for reversal...

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