McCoy v. State

CAMPBELL, Acting Chief Judge.

Appellant, Dwight McCoy, was charged by information with possession and delivery of heroin in violation of section 893.-13(l)(b) and (l)(a)(l), Florida Statutes (1983) and with delivery of cocaine in violation of section 893.13(l)(a)(l), Florida Statutes (1983). Appellant pled nolo contendere to the charges on November 5, 1984.

A sentencing hearing was held on December 7, 1984. The trial court departed from the recommended guideline sentence of “Community Control or 12-30 mos. incarceration” and sentenced appellant to thirty-five years imprisonment.

The issue before…