DAVIS v. STATE

No. 87-01917.

541 So.2d 1360 (1989)

Burie DAVIS, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 26, 1989.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Deborah K. Brueckheimer, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.


PER CURIAM.

Appellant, Burie Davis, Jr., was convicted of capital sexual battery, lewd assault and sexual battery for events that occurred in September of 1984, involving his eleven-year-old daughter. Of the four issues appellant raises on appeal, we find merit in only the sentencing issue.

Appellant's guideline sentence for lewd assault was nine to twelve years. The court departed from the guidelines and sentenced him to fifteen years without offering written...

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