McIntosh v. State

Full title: DANIEL NEAL McINTOSH, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Jan 27, 1989

537 So. 2d 115 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-46.

December 14, 1988. Rehearing Denied January 27, 1989.

Appeal from the Circuit Court for Hillsborough County; James D. Arnold, Judge.

David T. Weisbrod, Tampa, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Candance M. Sunderland, Asst. Atty. Gen., Tampa, for appellee.

HALL, Judge.

We have examined the record and determine that the trial judge intended to depart from the guidelines sentence on the basis of the appellant's repeated violations of probation and community control and that this is a valid reason justifying the departure. See Burton v. State, 513 So.2d 245 (Fla. 2d DCA 1987).

DANAHY, A.C.J., and PARKER, J., concur.