WILKINS v. STATE

No. 91-00838.

596 So.2d 150 (1992)

Joseph WILKINS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 20, 1992.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Asst. Public Defender, Clearwater, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Dale E. Tarpley, Asst. Atty. Gen., Tampa, for appellee.


THREADGILL, Judge.

The appellant challenges his judgment and sentence for sale of a counterfeit substance. We have considered his arguments on appeal, but find merit only in the issue concerning the imposition of a guidelines departure sentence.

The appellant was sentenced to four and one-half years' incarceration, which was a departure from the guidelines recommendation. As its reason for departure, the trial court cited a "continuing and escalating pattern...

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