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GALE v. STATE

No. BD-446.

483 So.2d 53 (1986)

Lee Arthur GALE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied March 5, 1986.

Attorney(s) appearing for the Case

Michael Allen, Public Defender, Terry P. Lewis, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., Gregory G. Costas, Asst. Atty. Gen., for appellee.

McCORD, GUYTE P., Jr. (Ret.), Associate Judge.

Gale appeals his convictions for burglary of a dwelling while armed robbery, sexual battery with a deadly weapon, and sexual battery by use of force. It is his contention that the trial court erred in denying his motion for a mistrial based upon the allegedly prejudicial comments of the prosecutor, in departing from the sentence recommended for him under the guidelines, and in retaining jurisdiction over the first one...

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