HANDLEY v. STATE

Nos. 88-221, 87-1946.

542 So.2d 1045 (1989)

Harry B. HANDLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 7, 1989.


Attorney(s) appearing for the Case

Daley and Miller and Sharon Bradley, Havana, for appellant.

Robert A. Butterworth, Atty. Gen., and Steven T. Scott, Asst. Atty. Gen., and George Expinosa, Asst. Atty. Gen., for appellee.

Before BARKDULL, JORGENSON and LEVY, JJ.


LEVY, Judge.

The Defendant appeals the trial court's order imposing a sentence which departed upward from the sentencing guidelines, claiming that the court erred in basing the departure on the reasons of familial authority and the need for treatment.

The Defendant was married to the victim's grandmother, and was the victim's step-grandfather. According to the victim/step-granddaughter's testimony, the Defendant sexually abused her in 1985, when he was taking...

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