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MARTIN v. STATE

No. BP-356.

523 So.2d 1226 (1988)

Roberto MARTIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

April 15, 1988.

Attorney(s) appearing for the Case

Geoffrey C. Fleck of Friend & Fleck, Miami, for appellant.

Robert A. Butterworth, Atty. Gen., and Kurt L. Barch, Asst. Atty. Gen., Tallahassee, for appellee.

ON MOTION TO RECALL MANDATE

JOANOS, Judge.

Appellant's motion to recall mandate, which was filed prior to issuance of the mandate, has served to stay the mandate in this case. In essence, appellant's motion sought reconsideration of the departure sentence imposed, in light of the supreme court's opinion in Atwaters v. State, 519 So.2d 611 (Fla. 1988), released contemporaneously with this court's denial of appellant...

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