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MITCHELL v. STATE

No. AW-407.

458 So.2d 10 (1984)

Danny Neal MITCHELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

October 2, 1984.

Attorney(s) appearing for the Case

Gene T. Moss of Moss & Edwards, Jacksonville, for appellant.

Jim Smith, Atty. Gen. and John T. Tiedemann, Asst. Atty. Gen., for appellee.

NIMMONS, Judge.

Mitchell appeals a sentence which departs from the sentencing guidelines, Fla. R.Cr.Pr. 3.701, and contends that the imposition of a sentence exceeding the guidelines sentence was impermissibly based upon consideration of factors relating to an offense for which he was not convicted. We disagree and affirm.

Mitchell was charged with conspiracy to traffic in cannabis and possession of in excess of 20 grams of cannabis. A jury acquitted him of...

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