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BURKE v. STATE

No. 66091.

483 So.2d 404 (1985)

Charles BURKE, Jr., Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied March 12, 1986.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender and Lucinda H. Young, Asst. Public Defender, Seventh Judicial Circuit, Daytona Beach, for petitioner.

Jim Smith, Atty. Gen., and Sean Daly, Asst. Atty. Gen., Daytona Beach, for respondent.

ADKINS, Justice.

We have for review Burke v. State, 456 So.2d 1245 (Fla. 5th DCA 1984), which is certified to us as being in conflict with Harvey v. State, 450 So.2d 926 (Fla. 4th DCA 1984). We have jurisdiction under article V, section 3(b)(4), Florida Constitution, and quash the decision of the district court.

We have before us a sentencing guideline case in which the trial...

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