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POMMIER v. STATE

No. BE-408.

476 So.2d 284 (1985)

Ray POMMIER, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

October 8, 1985.

Attorney(s) appearing for the Case

Barry W. Beroset of Murphy, Beroset, Parks & Oberhausen, Pensacola, for appellant.

Jim Smith, Atty. Gen., and Patricia Conners, Asst. Atty. Gen., for appellee.

THOMPSON, Judge.

Pommier appeals his sentence which exceeded the sentence recommended by the sentencing guidelines. Fla.R.Crim.P. 3.701. We reverse and remand for resentencing.

Pommier and a companion entered a liquor store and, after waiting for other customers to leave, engaged the clerk in a conversation about different types of beer. On the pretext of having the clerk obtain some particular brand of beer for them they lured the clerk to the rear of the...

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