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YOUNG v. STATE

No. 85-949.

480 So.2d 712 (1986)

John Henry YOUNG, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 2, 1986.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee and Paula C. Coffman, Asst. Atty. Gen., Daytona Beach, for appellee.

SHARP, Judge.

The sole issue in this case is whether or not the trial court erred in departing from the presumptive sentence range in the sentencing guidelines.1 The court sentenced Young to thirty months in the state prison system, an upward departure of one bracket. Young's presumptive sentence was any nonstate prison sanction, based on a total sentencing score of eighteen points for uttering...

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