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FLOYD v. STATE

No. 85-1412.

495 So.2d 872 (1986)

Mike Anthony FLOYD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

October 9, 1986.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Michael S. Becker, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.

SHARP, Judge.

Floyd appeals his concurrent ten and five year sentences imposed for two burglaries because they are a seven-cell "departure" from the presumptive sentence range of any non-state prison sanction under the guidelines.1 This is the second time the trial judge has imposed these same sentences. On March 5, 1986, we granted the state's motion to relinquish jurisdiction for the trial court to reconsider its reasons for departure...

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