MAUNEY v. STATE

No. 88-3229.

553 So.2d 707 (1989)

Anthony D. MAUNEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and Certification Denied January 10, 1990.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Cherry Grant, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Miles E. Ferris, Asst. Atty. Gen., West Palm Beach, for appellee.


LETTS, Judge.

When sentencing the defendant, the trial court departed upward from the recommended guideline range. The scoresheet included the written words "recent release from prison." This notation was apparently the only reason for the departure and was based on an oral representation to that effect by the assistant state attorney. No objection was made. We affirm.

There are several cases standing for the proposition that departure is justified where only...

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