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FREER v. STATE

No. BP-459.

514 So.2d 1111 (1987)

Albert Herman FREER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied November 24, 1987.

Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, Carl S. McGinnes, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Bradford L. Thomas, Asst. Atty. Gen., Tallahassee, for appellee.

NIMMONS, Judge.

This is an appeal from a judgment and sentence for second degree murder and grand theft. Appellant was sentenced in excess of the sentencing guidelines range. We affirm the convictions but reverse the sentences.

The evidence at trial established that, pursuant to an apparent robbery scheme, the appellant shot and killed the victim, a security guard, after the victim had made a bank deposit for a...

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