Florida District Courts of Appeal, 1984

McCoy v. State

McCoy v. State
Florida District Courts of Appeal · Decided November 14, 1984 · Barfield, Joanos, Wigginton
458 So. 2d 1193; 9 Fla. L. Weekly 2377; 1984 Fla. App. LEXIS 16565 (Southern Reporter, Second Series)

McCoy v. State

Opinion of the Court

BARFIELD, Judge.

The trial court departed from the sentencing guidelines for the following stated reason:

[T]he court has gone outside the sentencing guidelines because this man was previously placed on probation. That in itself the court considers to be aggravating circumstances sufficient not to be bound by sentencing guidelines.

We affirm the departure from the guidelines. Carter v. State, 452 So.2d 953 (Fla. 5th DCA 1984); Gordon v. State, 454 So.2d 657 (Fla. 5th DCA 1984).

JOANOS and WIGGINTON, JJā€ž concur.

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