VAPRIN v. STATE

No. 89-369.

554 So.2d 534 (1989)

Ronald VAPRIN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

On Motion for Rehearing December 26, 1989.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and N. Joseph Durant, Jr., Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen. and Michael J. Neimand and Mark Dunn, Asst. Attys. Gen., for appellee.

Before SCHWARTZ, C.J., and HUBBART and JORGENSON, JJ.


SCHWARTZ, Chief Judge.

The defendant appeals from a sentence in excess of the guidelines which is not supported by written — or oral — reasons for departure. We reverse.

The state's sole argument in support of this obviously facially defective sentence is the claim that Vaprin pled guilty to the charge "straight up" to the court, upon the general understanding that any sentence up to the statutory maximum could be imposed. See Smith v. State...

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