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KARLISS v. STATE

No. 84-660.

477 So.2d 1092 (1985)

Stacey M. KARLISS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 6, 1985.

Attorney(s) appearing for the Case

Jeffrey H. Garland, Port St. Lucie, for appellant.

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

PER CURIAM.

The trial court erred in departing from the sentencing guidelines (the conviction was for grand theft), based on these two challenged reasons:

1. Deterrence. This was error based on Williams v. State, 462 So.2d 23 (Fla. 4th DCA 1984).

2. Defendant used his fiduciary position of trust to execute these particular offenses. This was error based on Mischler v. State, 458 So...

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