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CARTER v. STATE

No. 86-1217.

510 So.2d 930 (1987)

Wade Edward CARTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 5, 1987.

Attorney(s) appearing for the Case

Richard S. Rhodes and James K. Freeland, Orlando, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Richard B. Martell, Asst. Atty. Gen., Daytona Beach, for appellee.

ORFINGER, Judge.

Charged with first degree murder of Tony Halterman, attempted first degree murder of Kimberly Cook and burglary with a battery, the defendant was convicted of the lesser included offenses of second degree murder, (Halterman) attempted second degree murder (Cook) and simple battery. The trial court departed from the recommended guidelines sentence of 17-22 years, and sentenced defendant to 40 years' incarceration for the murder conviction, 30 years...

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