JOHNSON v. STATE

No. 86-2818.

527 So.2d 294 (1988)

Keith Andre JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 22, 1988.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Stephen Krosschell, Asst. Public Defender, Bartow, for appellant.

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


HALL, Judge.

Keith Andre Johnson appeals from his sentences for trafficking in heroin and possession of cocaine, contending that the trial court erred in revoking his probation, in finding that he was a habitual offender, and in departing from the guidelines on the basis that he was a habitual offender. We reverse.

We find no merit in the first point as the appellant was in fact not placed on probation for the charge for which he was sentenced. As to the second...

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