ELLIS v. STATE

No. 89-217.

559 So.2d 292 (1990)

Brian Lloyd ELLIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 29, 1990.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Dee R. Ball, Asst. Atty. Gen., Daytona Beach, for appellee.


DANIEL, Chief Judge.

Defendant, Brian Lloyd Ellis, appeals the departure sentence imposed on him after he pleaded no contest to violating his probation and to committing three new substantive offenses. Defendant argues that the reasons given by the trial court for imposing a departure sentence are invalid and that he should have been sentenced within the guidelines. We agree and reverse.

Three of the stated reasons for departure, the substantial and egregious...

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