RIGGINS v. STATE

No. 86-3115.

529 So.2d 1253 (1988)

John RIGGINS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

August 19, 1988.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and John T. Kilcrease, Jr., Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph R. Bryant, Asst. Atty. Gen., Tampa, for appellee.


LEHAN, Judge.

Defendant appeals from his sentence for dealing in stolen property and aggravated battery and contends that the trial court improperly departed upward from the guidelines recommended sentence. We agree, reverse, and therefore need not deal with his additional contention that the sentence exceeded the statutory maximum.

In the trial court's narrative description of the basis for departure the only reasons we can perceive which might arguably be...

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