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WILLARD v. STATE

No. 97-3404.

717 So.2d 631 (1998)

James WILLARD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 25, 1998.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Thomas J. Lukashow, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee.

HARRIS, Judge.

Willard was charged with violating his probation after a previous conviction of aggravated battery with a deadly weapon. The judge found Willard guilty of the violation and in response to Willard's attorney's request for a bottom of the guidelines sentence stated:

Bottom guidelines is for people who agree to plead guilty and admit to what they did. Mr. Willard insisted on having a trial.

It goes almost without saying that a judge may...

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