TOLES v. STATE

No. 88-968.

537 So.2d 714 (1989)

Roy Carlos TOLES, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 3, 1989.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender and Julius J. Aulisio, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Michele Taylor, Asst. Atty. Gen., Tampa, for appellee.


THREADGILL, Judge.

Appellant contends that the trial court erred by using an offense for which he had not been convicted as a basis for an upward departure. We agree and reverse.

Appellant was convicted of grand theft, petit theft, burglary of a conveyance, and three counts of battery on a law enforcement officer. He was placed on probation for three years. He subsequently was found to be in violation of that probation by possessing a shot gun and by being...

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