CUMMINGS v. STATE

No. 5D04-1606.

888 So.2d 732 (2004)

Daniel Kuhn CUMMINGS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 10, 2004.


Attorney(s) appearing for the Case

Loren D. Rhoton, of Rhoton Hayman, P.A., Tampa, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Rebecca R. Wall, Assistant Attorney General, Daytona Beach, for Appellee.


PER CURIAM.

AFFIRMED.

PLEUS, J. and WALSH, J.D., Associate Judge, concur.

TORPY, J., concurs and concurs specially with opinion.

TORPY, J., concurring and concurring specially.

In my opinion, the sentence in this case, which involves a non-violent, property crime, is unduly harsh. Having sat in a trial judge's chair, however, I am sympathetic to the decision the judge faced. The only authorized basis for departing from the 10-year minimum...

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