CUMMINGS v. STATE

No. 88-1728.

545 So.2d 448 (1989)

Patrick CUMMINGS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 20, 1989.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Beth C. Weitzner, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Jorge Espinosa, Asst. Atty. Gen., for appellee.

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


PER CURIAM.

The defendant appeals an upward departure from the sentencing guidelines. We reverse.

During the defendant's probation from a grand theft conviction, he committed a burglary. As a consequence, an affidavit of probation violation and an information charging him with burglary were filed. The defendant entered a plea of guilty to the burglary charge and admitted the probation violation. At his sentencing, the assistant state attorney and defense counsel...

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