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RICARDO v. STATE

No. BL-378.

504 So.2d 539 (1987)

Johnny RICARDO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

April 1, 1987.

Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, Ann Cocheu, Asst. Public Defender, for appellant.

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

WENTWORTH, Judge.

Appellant seeks review of a sentence imposed for the offense of aggravated battery, presenting several issues on appeal. We find no error with regard to the court's departure from the sentence recommended under the Fla.R.Crim.P. 3.701 sentencing guidelines. However, we conclude that the court erred in directing the denial of gain time, insofar as this directive was predicated upon the application of section 27.3455, Florida Statutes (1985), since...

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