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FOISTER v. STATE

No. BM-309.

510 So.2d 371 (1987)

Richard FOISTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

July 29, 1987.

Attorney(s) appearing for the Case

David A. Davis, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and John W. Tiedmann, Asst. Atty. Gen., Tallahassee, for appellee.

FRANK, Associate Judge.

Richard Foister appeals from the departure sentence imposed by the trial court pursuant to his plea of nolo contendere to two counts of lewd and lascivious assault. The presumptive sentence was five years. The trial court, however, departed and sentenced him to ten years incarceration.

Foister correctly asserts and the state concedes that the reasons for departure relied upon by the trial...

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