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ORANGE v. STATE

No. 86-2439.

535 So.2d 691 (1988)

Lamar ORANGE, Jr. a/K/a "Juice", Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 27, 1988.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Elliot H. Scherker, 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.

BARKDULL, Judge.

Appellant was charged with first degree murder in the beating death of one Marcia Bethel. He was found guilty of second degree murder. The sentencing guidelines recommended a sentence of 12-17 years imprisonment. The trial court imposed a 30-year sentence giving as grounds for exceeding the guidelines the following: (1) The crime was committed against a victim who was particularly vulnerable and defenseless. The evidence showed the victim was 5 feet...

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