COLVIN v. STATE

No. 88-2061.

549 So.2d 1137 (1989)

Keith COLVIN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 10, 1989.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Zoe Oka, Sp. Asst. Public Defender, for appellant.

Robert Butterworth, Atty. Gen., and Joan L. Greenberg, Asst. Atty. Gen., for appellee.

Before NESBITT, LEVY and GERSTEN, JJ.


PER CURIAM.

Defendant below appeals the trial court's revocation of community control and its upward departure sentence on written order. We affirm the revocation of community control, but find that the upward departure cannot be sustained.

In May, 1985, while he allegedly was under the influence of alcohol and/or drugs, appellant used his car to run down an acquaintance. He also struck a child on a bicycle and a bystander. After hitting his acquaintance,...

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