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PHELPS v. STATE

No. 85-1350.

490 So.2d 1284 (1986)

Lonnie Maynard PHELPS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied July 15, 1986.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Larry B. Henderson, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Margene A. Roper, Asst. Atty. Gen., Daytona Beach, for appellee.

UPCHURCH, Judge.

Lonnie Phelps appeals a judgment and sentence for the second-degree murder of his wife. The trial judge departed from the sentencing guidelines and sentenced Phelps to forty years in prison. The recommended guideline sentence was twelve to seventeen years imprisonment. We affirm the judgment of conviction but reverse the departure sentence.

The trial court departed from the recommended guideline...

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