STATE v. DIERS

No. 87-1172.

517 So.2d 788 (1988)

STATE of Florida, Appellant, v. Raymond Eric DIERS, Appellee.

District Court of Appeal of Florida, Second District.

January 8, 1988.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol M. Dittmar, Asst. Atty. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellee.


FRANK, Judge.

Raymond Diers was convicted of aggravated battery and sentenced, pursuant to the youthful offender act (Y.O.A.), to four years in prison followed by two years of community control. He was also ordered to pay restitution to the victim of his attack in the amount of the hospital bills. His sentence was below the recommended guidelines range of five and one-half to seven years. The state has appealed from the downward departure and the defendant has cross...

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