EASTON v. STATE

No. 95-04067.

687 So.2d 46 (1997)

Reginald EASTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 22, 1997.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender and Timothy J. Ferreri, Assistant Public Defender, Bartow, for Appellant.

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


FRANK, Acting Chief Judge.

Reginald Easton has appealed from a sentence imposed under the guidelines on the ground that the sentence was excessive based on the points scored. He correctly urges that when a trial court erroneously departs from the guidelines in an attempt to impose a youthful offender sentence, the sentence must be reversed. Furthermore, when, as in this case, a trial court is not aware that a departure sentence is being imposed, on remand the court...

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