WHITE v. STATE

No. 87-1580.

537 So.2d 196 (1989)

James Taylor WHITE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 20, 1989.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Stephen Krosschell, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Gary O. Welch, Asst. Atty. Gen., Tampa, for appellee.


PER CURIAM.

James White appeals his convictions and sentences for burglary and dealing in stolen property. We affirm the convictions, but agree that the trial court erroneously added ten points for "legal constraint" when calculating White's guideline sentence.

The only apparent justification for the addition of these points stems from the fact that, prior to his arrest in the instant case, White once had failed to appear to answer a misdemeanor charge. Had...

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