ROONEY v. STATE

No. 93-702.

651 So.2d 243 (1995)

James B. ROONEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 3, 1995.


Attorney(s) appearing for the Case

Benjamin B. Garagozlo, Mario, Moreau, McDonald & Garagozlo, Cocoa, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Robin Compton Jones, Asst. Atty. Gen., Daytona Beach, for appellee.


COBB, Judge.

In this appeal, the defendant argues that a departure sentence imposed by the trial court was improper. We agree.

James B. Rooney entered into a plea agreement in Case Number 91-16042 and then entered into a separate presentencing release agreement which he subsequently violated giving rise to Case Number 92-7018. At issue here is the trial court's departure sentence in Case Number 91-16042. The court listed violation of the release agreement...

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