BLUE v. STATE

No. 88-1452.

541 So.2d 736 (1989)

James BLUE, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

April 7, 1989.


Attorney(s) appearing for the Case

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

Robert A. Butterworth, Atty. Gen., Royall P. Terry, Jr., Asst. Atty. Gen., for appellee.


WENTWORTH, Judge.

Appellant seeks review of a sentence of 18 months community control with a special condition of six months jail time imposed upon his conviction of attempted burglary of a structure. He contends the trial court erred in departing from the recommended sentencing guidelines range of any nonstate prison sanction. We reverse, finding the trial court erred in departing from the guidelines range on the basis of appellant's unscored juvenile record.

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