BARRY v. STATE

No. 94-01412.

654 So.2d 1229 (1995)

John Henry BARRY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 5, 1995.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Brad Permar, Asst. Public Defender, Clearwater, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Stephen D. Ake, Asst. Atty. Gen., Tampa, for appellee.


PER CURIAM.

The appellant, John Henry Barry, challenges the trial court's resentencing. We find that the trial court erred in departing from the sentencing guidelines and, accordingly, reverse and remand for another resentencing.

The appellant was originally adjudicated guilty and sentenced as follows: violation of the Florida Racketeering Influenced and Corrupt Organization Act (count I), thirty years in prison; trafficking in cocaine (count V), fifteen years...

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