BUSBY v. STATE

No. 88-1750.

556 So.2d 1208 (1990)

Danny L. BUSBY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 15, 1990.


Attorney(s) appearing for the Case

Jack Behr, Public Defender and Michael A. Van Cavage, Asst. Public Defender, Pensacola, for appellant.

Robert A. Butterworth, Atty. Gen. and Virlindia A. Sample, Asst. Atty. Gen., Tallahassee, for appellee.


SMITH, Judge.

In this appeal from a departure sentence imposed following a conviction for aggravated battery, appellant contends that the reasons given by the trial court are insufficient to support the departure. We agree and remand for resentencing within the guidelines range.

Appellant was charged with sexual battery, but pled guilty to aggravated battery, a lesser included offense. The recommended guidelines range for this offense was community control...

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