NESMITH v. STATE

No. 90-1012.

580 So.2d 898 (1991)

Lloyd F. NESMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 19, 1991.


Attorney(s) appearing for the Case

Dennis B. Gunson, Gainesville, for appellant.

Robert A. Butterworth, Atty. Gen., Suzanne Printy, Asst. Atty. Gen., Tallahassee, for appellee.


SHIVERS, Chief Judge.

After repeated violations of probation and community control, Nesmith received a sentence departing from the guidelines. The trial judge wrote he departed from the guidelines "[b]ased on the Defendant's prior criminal record, and his violation of probation and community control... ." Since Nesmith's prior record was scored on the scoresheet, and since a departure sentence for multiple prior violations of probation or community control is limited...

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