McKINNEY v. STATE

No. 89-315.

559 So.2d 621 (1990)

Clinton McKINNEY, Appellants, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 11, 1990.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Elliot H. Scherker, Asst. Public Defender, for appellants.

Robert A. Butterworth, Atty. Gen., and Ivy R. Ginsberg, Asst. Atty. Gen., for appellee.

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


PER CURIAM.

Clinton McKinney appeals from a judgment of conviction and sentence for possession of cocaine with intent to sell. We affirm the conviction but reverse the sentence imposed and remand for resentencing within the recommended guidelines. The state has properly conceded that the record does not support a finding of an escalating pattern of criminal conduct. Furthermore, contrary to the state's position, the record does not support the trial court's finding...

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