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BYRD v. STATE

No. 87-1266.

531 So.2d 1004 (1988)

Michael Blair BYRD, Appellant/Cross-Appellee, v. STATE of Florida, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

September 22, 1988.

Attorney(s) appearing for the Case

James P. Gibson, Public Defender and Christopher S. Quarles, Asst. Public Defender, Daytona Beach, for appellant/cross-appellee.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee/cross-appellant.

DANIEL, Judge.

Michael Byrd appeals a judgment and sentence for vehicular homicide challenging the sufficiency of the evidence. The state cross appeals challenging the downward departure in Byrd's sentence. We affirm the conviction but reverse the sentence and remand the cause for resentencing.

The evidence at trial reflects that on December 23, 1985, at around noon, Byrd and his coworker David Williams were traveling from Deland to New Smyrna Beach on State...

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