MARSHALL v. STATE

No. 90-1157.

600 So.2d 474 (1992)

Edward MARSHALL and Thomas Joe Calloway, Appellants, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 19, 1992.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Beth C. Weitzner, Asst. Public Defender, for appellants.

Robert A. Butterworth, Atty. Gen., and Joan L. Greenberg, Asst. Atty. Gen., for appellee.

Before COPE, LEVY and GODERICH, JJ.


PER CURIAM.

Defendants, Edward Marshall and Thomas Joe Calloway, appeal departure sentences which were imposed after a remand from this court to the trial court for resentencing. We reverse.

Marshall and Calloway were involved in an armed burglary. Calloway and a codefendant entered a hotel room of a vacationing couple, struck the 69-year old husband with a baseball bat, and terrorized the wife. Marshall acted as a lookout outside the hotel room. Marshall...

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