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DEER v. STATE

No. 84-995.

479 So.2d 323 (1985)

Darrell Wayne DEER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 19, 1985.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Christopher S. Quarles, Asst. Public Defender, Daytona Beach, for appellant.

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

DAUKSCH, Judge.

This case is before us for a review of the departure sentence. In Deer v. State, 476 So.2d 163 (Fla. 1985), our supreme court held "that the case must be remanded to the appellate court for a determination of whether the trial judge imposed an excessive departure."

Based upon the record and briefs before us we find no basis upon which to alter the sentence. However, because the supreme court ruled...

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