Simmons v. State

496 So.2d 911 (1986)

John Smith SIMMONS, Appellant,

v.

STATE of Florida, Appellee.

Nos. 85-450 to 85-453.

District Court of Appeal of Florida, Second District.

October 24, 1986.

James Marion Moorman, Public Defender, Bartow, Deborah K. Brueckheimer, Asst. Public Defender, Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee, Lauren Hafner Sewell, Asst. Atty. Gen., Tampa, for appellee.

SANDERLIN, Judge.

This is an appeal from a sentence imposed following revocation of probation, and is a departure from the sentencing guidelines. We reverse.

In 1979, appellant was charged with five counts of dealing…