BULGER v. STATE

No. 88-706.

537 So.2d 672 (1989)

Michael Ray BULGER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied February 22, 1989.


Attorney(s) appearing for the Case

Michael E. Allen, Public Defender and Maria Ines Suber, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen. and Helen P. Nelson, Asst. Atty. Gen., Tallahassee, for appellee.


BARFIELD, Judge.

Michael Ray Bulger appeals from a second amended judgment and sentence in which the trial court, upon remand from Bulger's first appeal, imposed the original departure sentence based upon the one valid reason upheld by this court. We hold that the trial court abused its discretion and reverse and remand for resentencing within the recommended guidelines range.

Bulger plead nolo contendere to second degree murder and shooting into an occupied...

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