District Court of Appeal of Florida September 1, 1987, No. BM-118 (Pumphrey v. State)

lead-opinion

SHIVERS, Judge.

Joseph Pumphrey appeals his conviction for escape, while the state cross-appeals on the issue of the trial court’s downward departure from the sentencing guidelines. We affirm the conviction, but reverse and remand for resentencing.

The record indicates that the appellant was originally charged by information with three counts of grand theft in Case No.