LUJAN v. STATE

No. 87-2382.

543 So.2d 1299 (1989)

Alvaro LUJAN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 30, 1989.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Howard E. Landau, Sp. Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and NESBITT and FERGUSON, JJ.


PER CURIAM.

Based upon our review of the record and the state's confession of error, we vacate the defendant's enhanced sentence. The defendant was convicted of attempted trafficking in cocaine. The guidelines score sheet recommended a sentence of any non-state prison sanction. After hearing arguments, the trial judge entered a sentence that departed upward from the guidelines. The sole basis for the upward departure was the quantity of drugs involved in the crime...

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