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LLABONA v. STATE

No. 85-1484.

500 So.2d 353 (1987)

Fernando LLABONA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

January 20, 1987.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Michael F. Kelley, Sp. Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Charles M. Fahlbusch, Asst. Atty. Gen., for appellee.

Before BARKDULL, NESBITT and FERGUSON, JJ.

PER CURIAM.

On the State's motion we relinquished jurisdiction of this appeal from a sentence in excess of the guidelines in order that reasons for the departure, which the trial court recorded in longhand on the sentencing order, be set out in a typed order.

On remand the trial court, without the presence of the defendant, conducted a new hearing, considered new evidence, and resentenced the defendant in excess...

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