SMITH v. STATE

No. 91-01373.

608 So.2d 89 (1992)

Ronald Wayne SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 23, 1992.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Cynthia J. Dodge, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and David R. Gemmer, Asst. Atty. Gen., Tampa, for appellee.


CAMPBELL, Judge.

Appellant, Ronald Wayne Smith, appeals his convictions and sentences imposed for two offenses of lewd and lascivious acts and one offense of sexual battery. While we find no reversible error in appellant's convictions, we do find that the trial judge erred in imposing an upward departure sentence.

In his written reasons for departure, the trial judge found that appellant was not amenable to rehabilitation and that he displayed a continuing...

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