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REIMEL v. STATE

No. 87-334.

532 So.2d 16 (1988)

Keith Allyn REIMEL, Appellant/Cross-Appellee, v. STATE of Florida, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied October 10, 1988.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellant/cross-appellee.

Robert A. Butterworth, Atty. Gen., Tallahassee, and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for appellee/cross-appellant.

DANIEL, Judge.

Defendant appeals from a judgment of conviction for second degree murder, possession of a firearm in the commission of a felony and carrying a concealed firearm.1 The state cross-appeals the sentence imposed contending that it is an invalid departure from the sentencing guidelines.

Perry Kelley died from a gunshot wound inflicted by the defendant. The witnesses' accounts vary, but apparently the defendant was backing...

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