SCHURMAN v. STATE

No. 86-2721.

522 So.2d 1026 (1988)

Carl Robert SCHURMAN, a/K/a Eddie Lee Ferguson, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 1, 1988.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender and Robert F. Moeller, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and David R. Gemmer, Asst. Atty. Gen., Tampa, for appellee.


RYDER, Acting Chief Judge.

Appellant pleaded nolo contendere to a charge of retail theft. He does not challenge his conviction, which we affirm. In this appeal, he raises two issues concerning his sentencing. Both issues have been previously addressed by this court.

Appellant's first argument is that the trial court's sole reason for departing from the guidelines — lying about his prior record — is invalid. This court has previously decided this...

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