SMITH v. STATE

No. 85-2136.

503 So.2d 454 (1987)

Cecil Charles SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 6, 1987.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Joel E. Grigsby and John T. Kilcrease, Jr., Asst. Public Defenders, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Michael J. Kotler, Asst. Atty. Gen., Tampa, for appellee.


CAMPBELL, Acting Chief Judge.

This appeal questions whether the trial court erred when it departed from the sentencing guidelines in sentencing appellant.

Appellant had been on probation. He violated his probation, probation was revoked and appellant was sentenced to serve five years in prison on four counts, to be served concurrently. The guidelines scoresheet placed appellant in the twelve to thirty months prison or community control cell. The added enhancement...

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