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DEER v. STATE

No. 66532.

476 So.2d 163 (1985)

Darrell Wayne DEER, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied October 18, 1985.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Christopher S. Quarles, Asst. Public Defender, Seventh Judicial Circuit, Daytona Beach, for petitioner.

Jim Smith, Atty. Gen. and Gary W. Tinsley, Asst. Atty. Gen., Daytona Beach, for respondent.

PER CURIAM.

We review Deer v. State, 462 So.2d 96 (Fla. 5th DCA 1985), which conflicts with decisions of the other courts of appeal and of this Court. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

The trial judge departed from the guidelines and sentenced Deer to four years in prison for a third-degree felony. Deer appealed, arguing that the trial court's departure from the recommended range was not based...

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