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WALKER v. STATE

No. 85-2106.

496 So.2d 220 (1986)

William WALKER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 21, 1986.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Ralph Barreira, Asst. Atty. Gen., for appellee.

Before BARKDULL and DANIEL S. PEARSON and FERGUSON, JJ.

PER CURIAM.

The trial court's reasons for imposing a sentence upon the defendant above the recommended guideline range, that is, that the defendant violated his probation within 74 days of being placed on probation and that he threatened the victim and a witness in this grand theft case, are clear and convincing reasons for an upward departure from the guidelines, see Spivey v. State, 481 So.2d 100 (Fla.3d DCA 1986) (violation...

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