Schurman v. State

RYDER, Acting Chief Judge.

Appellant pleaded nolo contendere to a charge of retail theft. He does not challenge his conviction, which we affirm. In this appeal, he raises two issues concerning his sentencing. Both issues have been previously addressed by this court.

Appellant s first argument is that the trial court’s sole reason for departing from the guidelines — lying about his prior record — is invalid. This court has previously decided this issue in appellant’s favor. Smith v. State, 516 So.2d 78 (Fla. 2d DCA 1987); Davis v. State, 509 So.2d 1329 (Fla. 2d DCA 1987); Anderson v. State, 503…