ALLEN v. STATE

No. 91-1989.

604 So.2d 23 (1992)

Morris Bill ALLEN, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 14, 1992.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Noel A. Pelella, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Bonnie Jean Parrish, Asst. Atty. Gen., Daytona Beach, for appellee.


GRIFFIN, Judge.

Morris Bill Allen, Jr. ("defendant") timely appeals a departure sentence. We reverse.

On April 12, 1991, Richard White, an undercover police officer, was driving slowly through defendant's neighborhood. Defendant, who allegedly had been drinking heavily, was standing by the side of the road. As White pulled to a stop, he waved casually at defendant, spoke briefly to him, and then turned away. After someone called to the officer, identifying...

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