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SAN PEDRO v. STATE

No. 88-1575.

561 So.2d 1163 (1988)

Alberto Elio SAN PEDRO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 6, 1988.

Attorney(s) appearing for the Case

Cooper, Wolfe & Bolotin and Marc Cooper, Miami, for appellant.

Robert A. Butterworth, Atty. Gen., Janet Reno, State Atty. and Anthony C. Musto, Asst. State Atty., for appellee.

Before SCHWARTZ, C.J., BASKIN, J., and JOSEPH P. McNULTY, Associate Judge.

PER CURIAM.

The defendant seeks review of an upward departure from the sentencing guidelines. Both of the grounds1 relied upon below have since been held insufficient by determinative decisions of our supreme court. State v. Jones, 530 So.2d 53 (Fla. 1988) invalidates the first basis for departure; State v. Hope, 529 So.2d 275 (Fla. 1988) the second....

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