DUNCAN v. STATE

No. BP-193.

532 So.2d 674 (1988)

Billy Don DUNCAN, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied November 14, 1988.


Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, Phil Patterson, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Norma J. Mungenast, Asst. Atty. Gen., for appellee.


SHIVERS, Judge.

The appellant/defendant appeals the trial court's departure from the three year sentence recommended by the sentencing guidelines. We reverse and remand for resentencing.

The facts contained in the record on appeal indicate that a householder was awakened at approximately 12:05 a.m. on August 12, 1985 by screams for help coming from the bedroom of his 69-year-old mother. He ran to the room to find appellant standing over his mother's bed and...

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