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SARRIA v. STATE

No. 87-975.

523 So.2d 727 (1988)

Pedro SARRIA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 12, 1988.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Thomas G. Murray, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen. and Ivy R. Ginsberg and Richard Kaplan, Asst. Attys. Gen., for appellee.

Before SCHWARTZ, C.J., and HENDRY and FERGUSON, JJ.

SCHWARTZ, Chief Judge.

In Sarria v. State, 501 So.2d 737 (Fla. 3d DCA 1987), this court reversed the appellant's upward departure sentence upon the holding that the only ground assigned for the deviation, the victim's emotional hardship, was unjustified. Notwithstanding this clear holding, the trial court, after our remand "for further proceedings consistent with this opinion," Sarria, 501 So.2d at 738, took further...

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