CASTRO v. STATE

No. 97-00059.

708 So.2d 652 (1998)

Jose CASTRO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 3, 1998.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and John C. Fisher, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.


CAMPBELL, Acting Chief Judge.

Appellant challenges the revocation of his probation and the departure sentence imposed upon the revocation. While we find no error in the revocation of appellant's probation, we do find error in the court's fifteen-year departure sentence. Accordingly, we affirm the revocation, but reverse and remand for resentencing within the guidelines.

Appellant had entered negotiated pleas of guilty to aggravated battery and battery in case...

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