DANIELS v. STATE

No. 2D02-5762.

870 So.2d 250 (2004)

Roosevelt DANIELS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 26, 2004.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Richard J. Sanders, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Tiffany Gatesh Fearing, Assistant Attorney General, Tampa, for Appellee.


PER CURIAM.

In this appeal, we are asked to determine whether a plea agreement for a probationary split sentence, in which the prison term is an upward departure from the guidelines, is a valid reason to impose an upward departure sentence upon revocation of probation when the original plea agreement did not include an express agreement as to sentencing upon revocation. We hold that the requirements of the guidelines compel the conclusion that an upward departure...

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