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502 So. 2d 950

502 So.2d 950

12 Fla.L.Weekly 334

Allen v. State

District Court of Appeal of Florida

Decided January 21, 1987

District Court of Appeal of Florida · decided 1987-01-21

Cited by 3 later decisions — most recently December 1988

3 state decisions

Relies on 476 So. 2d 158 - Albritton v. State · 497 So. 2d 736 - Sharp v. State · 498 So. 2d 899 - Vanover v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1987-01-21

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PER CURIAM.

¶1Appellant challenges his sentences in which the trial court departed upward from the sentencing guidelines range. We find that the record in this case “amply illustrates sufficient facts rendering the crime a highly extraordinary and extreme incident” of manslaughter. Vanover v. State, 498 So.2d 899 (Fla.1986). See also Lerma v. State, 497 So.2d 736 (Fla.1986) (excessive brutality may support a departure sentence against a defendant convicted of sexual battery by slight force if facts supporting such finding are proven beyond reasonable doubt). We further find that the extent of departure in this case was not an abuse of discretion. See Albritton v. State, 476 So.2d 158 (Fla.1985).

¶2Appellant’s final contention is that the trial court erred in imposing costs without affording him notice and a hearing. Appellant, however, waived such notice and hearing in his signed affidavit of insolvency. Therefore, this point is without merit. See Dailey v. State, 501 So.2d 15 (Fla. 2d DCA 1986).

¶3Accordingly, appellant’s sentences are affirmed.

DANAHY, C.J., and SCHOONOVER and SANDERLIN, JJ., concur.
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