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TYSON v. STATE

No. 87-1815.

527 So.2d 925 (1988)

Ira Chester TYSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 29, 1988.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellee.

WALDEN, Judge.

The defendant, Ira Tyson, was convicted of strong arm robbery, for which the presumptive guidelines sentence is three and one-half to four and one-half years. The trial judge originally orally stated that he was departing from the guidelines because the defendant was an habitual offender and sentenced Tyson to thirty years' incarceration. The defendant appealed the departure in Tyson v. State, 504 So.2d 791

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