BANKS v. STATE

Nos. 89-00574, 89-00575.

553 So.2d 759 (1989)

Roy Ozell BANKS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 15, 1989.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Andrea Steffen, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Anne Y. Swing, Asst. Atty. Gen., Tampa, for appellee.


CAMPBELL, Chief Judge.

Appellant challenges his sentences for possession and delivery of cocaine imposed after revocation of his probation. The guidelines recommendation was for four-and-one-half to five-and-one-half years of incarceration. A one-cell increase for violation of probation would have permitted a five-and-one-half to seven-year sentence. The trial court departed based on written reasons and sentenced appellant to fifteen years incarceration on each count...

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