DAVIS v. STATE

No. 95-1832.

700 So.2d 130 (1997)

Quinn DAVIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 8, 1997.


Attorney(s) appearing for the Case

Sherwood Bauer, Jr. of Bauer & Twohey, P.A., Stuart, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and John Tiedemann, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

Appellant was convicted of escape, false imprisonment, and aggravated assault with a deadly weapon, as a result of attempting to escape from prison in May, 1994. He contends that the trial court erroneously based an upward departure sentence for escape on section 921.0016(3)(o), Florida Statutes (1993), which authorizes departure for an offense committed in an attempt to escape from custody.

Appellant...

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