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SMITH v. STATE

No. 84-326.

510 So.2d 308 (1986)

Joseph Curtis SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 3, 1986.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Richard B. Greene, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Georgina Jimenez-Orosa, Asst. Atty. Gen., West Palm Beach, for appellee.

ON MOTION FOR REHEARING

GLICKSTEIN, Judge.

In moving for rehearing of our October 1, 1986, per curiam opinion, 493 So.2d 1032, the state contends that the trial court stated two clear and convincing reasons that justify departure from the guidelines sentence in this case: the proximity in time of the appellant's subject misconduct to the time of his release from imprisonment for a similar offense; and a pattern of escalating...

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