GORDON v. STATE

No. 89-3262.

579 So.2d 368 (1991)

Michael F. GORDON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 15, 1991.


Attorney(s) appearing for the Case

Ernon N. Sidaway, Fort Pierce, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Miles Ferris, Asst. Atty. Gen., West Palm Beach, for appellee.


WARNER, Judge.

This is an appeal from an upward departure sentence of appellant after convictions for resisting arrest with violence and battery on a law enforcement officer. The trial court departed from the guidelines sentence on the ground that appellant created an unreasonable risk of harm to others and to the officers. We agree that this ground was not proved by the evidence and reverse.

On April 6, 1989, members...

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