Francis v. State

475 So.2d 1366 (1985)

Robert Gene FRANCIS, Appellant,

v.

STATE of Florida, Appellee.

No. 84-2028.

District Court of Appeal of Florida, Second District.

October 4, 1985.

John W. Day, St. Petersburg, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Karla J. Staker and Candance M. Sunderland, Asst. Attys. Gen., Tampa, for appellee.

DANAHY, Judge.

The trial judge departed from the sentencing guidelines when he sentenced appellant for aggravated battery. The trial judge based his departure on three grounds: (1) the extent or severity of the attack on the victim; (2) the appellant's past record; and…