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LERMA v. STATE

No. 84-1695.

476 So.2d 275 (1985)

Jessie G. LERMA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

October 3, 1985.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Margene A. Roper, Asst. Atty. Gen., Daytona Beach, for appellee.

ON MOTION FOR REHEARING OR CLARIFICATION

SHARP, Judge.

Pursuant to Albritton v. State, 476 So.2d 158 (Fla. 1985), which held that the extent of a trial judge's departure from a guidelines sentence is a reviewable matter on appeal, we grant Lerma's motion for rehearing, and withdraw our per curiam affirmance. In its place, we issue the following.

In this case, Lerma pleaded guilty to sexual battery through...

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