Kotcherha v. State

Full title: ANDREW KOTCHERHA, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Dec 14, 1988

534 So. 2d 745 (Fla. Dist. Ct. App. 1988)

Opinion

No. 88-0641.

November 2, 1988. Rehearing Denied December 14, 1988.

Appeal from the Circuit Court for Broward County; Stanton S. Kaplan, Judge.

Richard L. Jorandby, Public Defender, and Marcy K. Allen, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

AFFIRMED.

LETTS and WALDEN, JJ., concur.

ANSTEAD, J., dissents in part with opinion.

ANSTEAD, Judge, dissenting in part.

I agree that the appellant could be convicted and sentenced for both aggravated battery and attempted armed robbery, but I believe the trial court erred in deviating from the guidelines in the sentence.