ALLEN v. STATE

No. 88-1333.

543 So.2d 347 (1989)

Leroy ALLEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 11, 1989.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Barbara C. Davis, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Colin Campbell, Asst. Atty. Gen., Daytona Beach, for appellee.


SHARP, Chief Judge.

Allen appeals from the sentences he received in two criminal cases which were pending for sentencing in the same county at the same time. He argues he received a departure sentence because different trial judges imposed separate sentences and employed two different scoresheets. The state agrees error occurred.

In case number 84-1230, on June 1, 1988, Allen's probation was revoked and he was sentenced to two years community control for burglary...

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