GULKER v. STATE

No. 87-2163.

528 So.2d 434 (1988)

John Douglas GULKER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied July 27, 1988.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Colin Campbell, Asst. Atty. Gen., Daytona Beach, for appellee.


PER CURIAM.

AFFIRMED.

SHARP, C.J., and DAUKSCH, J., concur.

COWART, J., dissents with opinion.

COWART, Judge, dissenting.

After being "bumped up" because his community control was violated, the defendant's recommended guideline sentence range was community control or 12-30 months incarceration. The sentence was:

The defendant is hereby committed to the custody of the Department of Corrections ... to be imprisoned for...

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