DEWBERRY v. STATE

No. 88-589.

537 So.2d 669 (1989)

William DEWBERRY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

January 18, 1989.


Attorney(s) appearing for the Case

Michael E. Allen, Public Defender and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen. and Bradley R. Bischoff, Asst. Atty. Gen., Tallahassee, for appellee.


ERVIN, Judge.

Dewberry appeals the lower court's imposition of a five-year departure sentence, contending that the lower court based its sentence on the impermissible reason that during the term of appellant's probation for the offense of possession of cocaine, he violated a condition of his probation by committing an unarmed sexual battery. Appellant urges that the lower court cannot rely upon the commission of a later crime during his probation as a reason for departing...

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