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STATE v. McMULLEN

No. 87-2875.

529 So.2d 821 (1988)

The STATE of Florida, Appellant, v. Emanuel McMULLEN, Appellee.

District Court of Appeal of Florida, Third District.

August 16, 1988.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Richard L. Polin, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Karen M. Gottlieb, Asst. Public Defender, for appellee.

Before NESBITT, PEARSON, DANIEL S., and JORGENSON, JJ.

NESBITT, Judge.

In this appeal, the state alleges an improper departure from sentencing guidelines. We agree with the state and reverse and remand for proper sentencing within the sentencing guidelines.

The defendant was charged in circuit court Case No. 84-27119 with a) carrying a concealed firearm, b) unlawful possession of a firearm by a convicted felon, and c) resisting an officer without violence. In Case No...

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