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SMITH v. STATE

No. 86-906.

498 So.2d 1015 (1986)

Robert Charles SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 11, 1986.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and James R. Wulchak, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Paula C. Coffman, Asst. Atty. Gen., Daytona Beach, for appellee.

SHARP, Judge.

Smith appeals two departure sentences1 which were imposed by the trial court following remand for resentencing from this court.2 The trial court originally imposed the statutory maximum sentences, which constituted a five-bracket departure upward from the presumptive sentence of any nonstate prison sanction. Without considering any additional matters or evidence, the trial court reimposed the...

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