BRAWN v. STATE

No. 90-1486.

582 So.2d 50 (1991)

Alfred Harry BRAWN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearings Denied July 17, 1991.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Barbara L. Condon, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and David G. Mersch, Asst. Atty. Gen., Daytona Beach, for appellee.


COBB, Judge.

Brawn appeals his conviction and sentence for grand theft. Brawn received a split sentence of five years incarceration whereafter thirty months, the balance would be suspended with the remainder to be spent on probation. This constituted a departure from the sentencing guidelines as Brawn's scoresheet reflected a recommended range of "any non-state prison sanction." Brawn claims that the written departure reasons provided by the trial court do not justify...

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