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McMILLAN v. STATE

No. 84-2275.

478 So.2d 1195 (1985)

Larry D. McMILLAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 4, 1985.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Jeffrey Anderson, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Robert L. Teitler, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Defendant was charged with burglary,1 sexual battery,2 and robbery.3 He was acquitted of these offenses, but was found guilty of grand theft,4 a lesser included offense to the robbery charge. At the sentencing phase of the trial, the court indicated in its written justification for departing from the sentencing guidelines that it was considering...

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