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LAMPLEY v. STATE

No. 85-1902.

506 So.2d 12 (1987)

William Matthew LAMPLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied April 28, 1987.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sean Daly, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Judge.

This is an appeal from a sentence which was excessive because of an improper departure from the guidelines. See Whitehead v. State, 498 So.2d 863 (Fla. 1986). Although the appellant has served the incarcerative portion of his split sentence, the issue is still viable because of the length of the probationary period. Cf. Crews v. State, 502 So.2d 1360 (Fla. 5th DCA 1987...

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