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GAYNOR v. STATE

No. 87-2387.

522 So.2d 1047 (1988)

Marcus GAYNOR, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 6, 1988.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow and Brad Permar, Asst. Public Defender, Clearwater, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Erica M. Raffel, Asst. Atty. Gen., Tampa, for appellee.

RYDER, Acting Chief Judge.

This case was previously before this court. Gaynor v. State, 505 So.2d 467 (Fla. 2d DCA 1987). We expressly held "Entry into an occupied dwelling is an essential element of [the crime charged]" and cannot be used as a reason to justify departure from the guidelines sentence. Id. at 469.

It is clear from the transcript that the trial court expressly refused to follow this court...

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