Walker v. State

593 So.2d 301 (1992)

Lester WALKER, Appellant,

v.

STATE of Florida, Appellee.

No. 90-03358.

District Court of Appeal of Florida, Second District.

January 24, 1992.

James Marion Moorman, Public Defender, and Cynthia J. Dodge, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.

LEHAN, Judge.

Defendant appeals the upward departure sentence of 45 years imprisonment he received upon revocation of his probation. We agree with his argument that the trial court erred in departing upwards and reverse and…