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SPIVEY v. STATE

No. 86-1016.

512 So.2d 322 (1987)

Lawrence Manning SPIVEY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 15, 1987.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Sharon L. Kleinfield, Sp. Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Debora J. Turner, Asst. Atty. Gen., for appellee.

Before HUBBART, BASKIN and FERGUSON, JJ.

FERGUSON, Judge.

This case is before us a second time on appeal from a sentence. We reversed the sentence the first time because two of three grounds relied upon by the trial court for departing from the sentencing guidelines were invalid. Spivey v. State, 481 So.2d 100 (Fla. 3d DCA 1986). We held that the State failed to establish beyond a reasonable doubt that the court would have exceeded the twelve to thirty month imprisonment...

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