Snelling v. State

Full title: RUSSELL SNELLING, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: Dec 8, 1988

534 So. 2d 902 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-2080.

December 8, 1988.

An appeal from the Circuit Court for Leon County; L. Ralph Smith, Jr., Judge.

Michael E. Allen, Public Defender, and Carl S. McGinnes, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Bradford L. Thomas, Asst. Atty. Gen., Tallahassee, for appellee.

WIGGINTON, Judge.

We affirm. State v. Pentaude, 500 So.2d 526 (Fla. 1987). Although a majority of the reasons for departure were erroneous, we are convinced beyond a reasonable doubt that the trial court would have departed on the basis of Pentaude and the egregious nature of the underlying reasons for appellant's violation of probation. Albritton v. State, 476 So.2d 158 (Fla. 1985).

JOANOS and NIMMONS, JJ., concur.