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SMITH v. STATE

No. 88-163.

532 So.2d 70 (1988)

Marcus Deon SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

October 13, 1988.

Attorney(s) appearing for the Case

Michael E. Allen, Public Defender and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen. and Bradley R. Bischoff, Asst. Atty. Gen., Tallahassee, for appellee.

ERVIN, Judge.

Appellant, Marcus Deon Smith, appeals from a departure sentence imposed upon him in his absence after this court had ordered resentencing. We affirm in part and reverse in part.

Appellant pled guilty to fifteen burglary counts, fourteen grand theft counts and one petit theft count. Erroneously, however, departure sentences which illegally exceeded the maximum statutory penalties for the crimes involved...

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