SMITH v. STATE

No. 89-2369.

582 So.2d 117 (1991)

Cliff Anthony SMITH, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 2, 1991.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Mark S. Dunn, Asst. Atty. Gen., for appellee.

Before NESBITT, LEVY and GODERICH, JJ.


LEVY, Judge.

At the time that the defendant was sentenced, on September 1, 1989, the trial court departed upward one cell when sentencing the defendant in connection with the burglary and robbery convictions. The judge did not give written reasons for the upward departure of one cell, apparently believing that it was unnecessary to give written reasons when imposing only a one cell departure, which the judge believed placed the sentence in the "permitted range".<...

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