KIRBY v. STATE

No. 88-3229.

553 So.2d 1290 (1989)

Troy Dell KIRBY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied January 10, 1990.


Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, Kathleen Stover, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., John M. Koenig, Jr., Asst. Atty. Gen., for appellee.


WENTWORTH, Judge.

Appellant seeks review of consecutive five year sentences for two counts of grand theft, and concurrent five year sentences for two counts of passing a worthless bank check. The sentences exceed the Fla.R. Crim.P. 3.701 guidelines recommendation of community control or 12 to 30 months incarceration. Because we find that two of the court's three written reasons permit departure from the guidelines recommendation, in accordance with section 921.001...

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