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STATE v. PENTAUDE

Nos. 68088, 68081.

500 So.2d 526 (1987)

STATE of Florida, Petitioner, v. Michael Allen PENTAUDE, Respondent. Michael Allen PENTAUDE, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

January 5, 1987.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and Henri Chevet Cawthon, Asst. Atty. Gen., Tallahassee, for petitioner/respondent.

Michael E. Allen, Public Defender and Kenneth L. Hosford, Sp. Asst. Public Defender, Tallahassee, for respondent/petitioner.

ADKINS, Justice.

In sentencing Michael Allen Pentaude following the revocation of his probation, the trial court imposed a sentence in excess of that provided in the sentencing guidelines. The district court, in State v. Pentaude, 478 So.2d 1147 (Fla. 1st DCA 1985), while reversing and remanding the sentence on other grounds, found the departure proper and certified the following question to this Court:

Whether,...

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