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WALKER v. STATE

No. 86-1487.

508 So.2d 407 (1987)

Richard WALKER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied June 9, 1987.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender and Larry B. Henderson, Asst. Public Defender, Daytona Beach, for appellant.

Richard A. Butterworth, Atty. Gen., Tallahassee, and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for appellee.

COWART, Judge.

Appellant's five convictions of theft are affirmed but his departure sentence is vacated because the reason for departure, "breach of trust," is considered an inherent component of a theft accomplished by a breach of trust such as the misrepresentations in this case, and because the second reason, "the enormity of the losses of the victims," i.e., the large amount of money stolen, is not a valid ground for departure. See State v. Mischler,

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