Smith v. State

582 So.2d 117 (1991)

Cliff Anthony SMITH, Appellant,

v.

The STATE of Florida, Appellee.

No. 89-2369.

District Court of Appeal of Florida, Third District.

July 2, 1991.

Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Mark S. Dunn, Asst. Atty. Gen., for appellee.

Before NESBITT, LEVY and GODERICH, JJ.

LEVY, Judge.

At the time that the defendant was sentenced, on September 1, 1989, the trial court departed upward one cell when sentencing the defendant in connection with the burglary and robbery convictions. The judge…