HANKIN v. STATE

No. 95-03318.

682 So.2d 602 (1996)

Andrew HANKIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 30, 1996.


Attorney(s) appearing for the Case

W. Thomas Wadley of Yanchuck, Berman & Kasaris, P.A., St. Petersburg, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Tonja R. Vickers, Assistant Attorney General, Tampa, for Appellee.


CAMPBELL, Acting Chief Judge.

Appellant, convicted of grand theft, challenges his upward departure sentence on the grounds that the aggravating circumstances allowed in section 921.0016(3)(n), Florida Statutes (1993), to be used as grounds for departure, are unconstitutionally vague and in violation of due process. Although the state concedes error, albeit on different grounds, we conclude that the state's concession is in error. We, therefore, address the constitutional...

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