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DAVIS v. STATE

Nos. 84-87, 84-164 and 84-383.

458 So.2d 42 (1984)

Robert Gene DAVIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 17, 1984.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Joan Fowler Rossin, Asst. Atty. Gen., West Palm Beach, for appellee.

LETTS, Judge.

This case concerns the Sentencing Guidelines as does Mischler v. State, 458 So.2d 37 (Fla. 4th DCA 1984), issued simultaneously herewith. However, on this occasion we deal with aggravated punishment, outside the Guidelines, predicated on kidnapping, armed robbery and resisting arrest rather than the embezzlement in Mischler. Once again we reverse.

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