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SEMENEC v. STATE

No. 95-2118.

698 So.2d 900 (1997)

Donald SEMENEC, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 3, 1997.

Attorney(s) appearing for the Case

Lewis A. Fishman, Plantation, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.

DELL, Judge.

Donald Semenec appeals his second degree murder conviction and life sentence for the murder of Bobby Kent.1 Appellant contends that the trial court failed to properly respond to a jury question during deliberations and that the trial court erred when it departed from sentencing guidelines based on excessive brutality and breach of trust. We affirm.

During deliberations, the jury asked for an explanation of the third...

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