NICHOLS v. STATE

No. BL-426.

504 So.2d 414 (1987)

Howard Coval NICHOLS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

On Motion for Rehearing and March 20, 1987.


Attorney(s) appearing for the Case

Michael E. Allen, Public Defender and Ann Cocheu, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen. and Maria Ines Suber, and Raymond L. Marky, Asst. Attys. Gen., Tallahassee, for appellee.


On Motion for Rehearing and En Banc March 20, 1987.

ERVIN, Judge.

Appellant appeals the trial court's departure from the recommended guideline sentence. Although the recommended range for the offense was twelve to thirty months, because the case involved revocation of probation, the trial court could have increased the sentence to the next higher cell, or from thirty months to three and one-half years, without stating a valid reason for departure. Florida...

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