BLOCK v. STATE

No. 98-3264.

763 So.2d 1057 (1999)

Robert BLOCK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 16, 1999.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Joseph R. Chloupek, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Leslie T. Campbell, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

The appellant appeals his conviction and sentence for armed burglary, aggravated battery, and resisting arrest without violence. We affirm the appellant's conviction; however, we reverse the upward departure in appellant's sentence and remand for re-sentencing.

In imposing the upward departure sentence, the trial court's written explanation provided that the "victim [was] attacked in her home in the presence of her six (6) year old child who was...

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