WALKER v. STATE

No. 90-03358.

593 So.2d 301 (1992)

Lester WALKER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 24, 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 William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.


LEHAN, Judge.

Defendant appeals the upward departure sentence of 45 years imprisonment he received upon revocation of his probation. We agree with his argument that the trial court erred in departing upwards and reverse and remand for resentencing within the guidelines.

None of the trial court's three reasons for the upward departure was valid. The first reason was that defendant, by virtue of his release from prison under the Supervised Community Release...

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