William Lee Rudd v. State of Florida

William Lee Rudd appeals the trial court’s revocation of community control, and its imposition of a 171-month prison sentence. We reject appellant’s contentions that the evidence he violated a condition of his community control was insufficient to justify revocation, and that his sentence constitutes cruel and unusual punishment. We write only to address the trial court’s stated belief that it lacked the discretion to impose any downward departure sentence other than the statutory maximum — discretion it in fact had if it decided grounds to impose a downward departure sentence existed.

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