ROSEMAN v. STATE

No. 87-177.

519 So.2d 1129 (1988)

Andrew J. ROSEMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 11, 1988.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender and Michael S. Becker, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Paul C. Coffman, Asst. Atty. Gen., Daytona Beach, for appellee.


ORFINGER, Judge.

In departing from the recommended guidelines sentence of 12 to 17 years' imprisonment and ordering that defendant be incarcerated for 25 years, the trial court relied on both valid and invalid reasons. We will summarize the reasons given.

(1) The relatively short time [11 months] between defendant's release on parole after serving 13 years on a 99 year sexual battery sentence and the commission of the instant offenses. A relatively short amount...

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