MILLER v. STATE

No. 95-1040.

669 So.2d 1118 (1996)

Demetrius MILLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 1, 1996.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Anthony Calvello, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Anne Carrion, Assistant Attorney General, West Palm Beach, for appellee.


STEVENSON, Judge.

Appellant, Demetrius Miller, was tried by jury and convicted of attempted first degree murder. Under the sentencing guidelines, appellant scored a minimum 79.9 state prison months (6.65 years) and a maximum 133.2 state prison months (11.1 years). The trial court, however, imposed an upward departure sentence of thirty years in state prison. In departing from the guidelines, the trial court found that (1) appellant's scored and unscored record depicted...

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