GORE v. STATE

No. 89-01450.

559 So.2d 347 (1990)

David Eugene GORE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 4, 1990.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Deborah K. Brueckheimer, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Donna A. Provonsha, Asst. Atty. Gen., Tampa, for appellee.


THREADGILL, Judge.

David Eugene Gore appeals from a sentence which exceeded the guidelines recommendation and imposed costs without notice or a determination of ability to pay. We affirm the departure sentence but strike the imposition of costs.

A jury convicted the appellant of aggravated battery. The evidence at trial showed that the appellant had fought and cut his opponent with a knife early one morning outside of a Tampa bar. The appellant had been out...

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