FLESHMAN v. STATE

No. 98-3258.

736 So.2d 1219 (1999)

Anne FLESHMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 4, 1999.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Anne Moorman Reeves, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Patrick W. Krechowski, Assistant Attorney General, Daytona Beach, for Appellee.


HARRIS, J.

In this unfortunate family dispute, Fleshman struck her seventy-nine year old mother. She was convicted of battery on a person at least sixty-five years old. The court, because it found that Fleshman "talked about her mother like a person talks about a dog," entered an upward departure sentence. This was an invalid grounds for departure. When the defense objected that the court had stated no sufficient reason to depart, the court, resorting to the statute...

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