PATTEN v. STATE

No. 86-2928.

531 So.2d 203 (1988)

Harvey Lewis PATTEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 7, 1988.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and A. Anne Owens, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellee.


PARKER, Judge.

This is Patten's second appeal of his sentence for grand theft. He again attacks the trial judge's departure upward from the recommended guidelines sentence. We reverse.

In reversing, we are fully cognizant of the frustrations which the trial court faced when it sought to resolve the anomalous situation presented by this case. However, we believe the scope of the case law interpreting the sentencing guidelines prohibits the instant departure...

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