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BROOKS v. STATE

No. BL-6.

505 So.2d 442 (1986)

King BROOKS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

On Motion for Rehearing or to Certify April 21, 1987.

Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, and Kathleen Stover, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and Kurt L. Barch, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

AFFIRMED. See: Albritton v. State, 476 So.2d 158 (Fla. 1985).

MILLS, SHIVERS and JOANOS, JJ., concur.

ON MOTION FOR REHEARING OR TO CERTIFY

JOANOS, Judge.

On motion for rehearing or to certify, appellant argues that our affirmance of the trial court's departure from the sentencing guidelines must have been based on Weems v. State, 469 So.2d 128

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