STOCKTON v. STATE

No. BH-344.

529 So.2d 739 (1988)

Charles L. STOCKTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied August 3, 1988.


Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, Steven L. Bolotin, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., Barbara Ann Butler, Asst. Atty. Gen., for appellee.


WENTWORTH, Judge.

Appellant seeks review of a judgment of conviction and sentence for the offense of second degree murder with a firearm. We find that appellant has presented no point of reversible error which would affect his conviction. However, we find that the court based its departure from the recommended sentence pursuant to the Fla.R. Crim.P. 3.701 sentencing guidelines upon impermissible considerations. We therefore affirm the judgment of conviction but vacate...

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