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POWANDA v. STATE

No. 2D08-695.

8 So.3d 1230 (2009)

Ronald Lee POWANDA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 1, 2009.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Bruce P. Taylor, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.

CASANUEVA, Judge.

Ronald Lee Powanda appeals his upward departure sentence of thirty years' incarceration imposed after he admitted violating the terms of his probation. He argues that there was insufficient evidence to support the departure. The State concedes error and recommends reversal. We agree and reverse and remand for resentencing.

Procedural History

For a criminal act which occurred on April 5, 1998, the State charged Mr. Powanda...

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