STATE v. ARVINGER

No. 99-1066.

751 So.2d 74 (1999)

STATE of Florida, Appellant, v. Benjamin James ARVINGER, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied February 4, 2000.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Belle B. Schumann, Assistant Attorney General, Daytona Beach, for Appellant.

James B. Gibson, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellee.


W. SHARP, J.

The state appeals a downward departure sentence imposed on Arvinger after he pled guilty to charges in eight separate informations containing eight counts of possession of cocaine, seven counts of sale of cocaine and one count of carrying a concealed weapon. Although there is no guidelines scoresheet in the record, defense counsel told the court (without objection by the state attorney) that the guidelines sanction was eighty months incarceration. The...

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