Agatone v. State

474 So.2d 846 (1985)

Michael Angelo AGATONE, Appellant,

v.

STATE of Florida, Appellee.

No. 84-2282.

District Court of Appeal of Florida, Second District.

August 7, 1985.

Rehearing Denied August 28, 1985.

James Marion Moorman, Public Defender, and D.P. Chanco, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.

HALL, Judge.

The trial court departed from the sentencing guidelines when it sentenced appellant for first-degree arson. The trial judge based the departure on two grounds: (1) that appellant was a…