WITHERSPOON v. STATE

No. 5D00-1251.

776 So.2d 984 (2001)

Maynard WITHERSPOON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 5, 2001.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and M.A. Lucas, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and David H. Foxman, Assistant Attorney General, Daytona Beach, for Appellee.


HARRIS, J.

In 1990, Witherspoon was convicted of armed burglary (first degree felony punishable by a term not exceeding life) and attempted armed robbery (second degree felony). His scoresheet reflected a permitted range of 9 to 22 years. He was sentenced on the burglary count to twenty years in prison and on the attempted robbery count to five years probation. After serving approximately eight years of his twenty-year sentence, he was released from prison and embarked...

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