BARR v. STATE

No. 94-1152.

655 So.2d 1175 (1995)

Charles Frederick BARR, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

May 12, 1995.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, Cynthia L. Hain, Certified Legal Intern. and Kathleen Stover, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Sonya Roebuck Horbelt, Asst. Atty. Gen., Tallahassee, for appellee.


WOLF, Judge.

Barr appeals from a judgment and sentence after a conviction for armed robbery of a motor vehicle. Appellant contends that his departure sentence was invalid because it was based on criminally punishable conduct for which he was not convicted. The record clearly shows that the departure was based on appellant's conduct surrounding his apprehension for the armed robbery. Because this conduct endangered the lives of many innocent persons and demonstrated...

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