FRANK, Acting Chief Judge.
Jesus Baca, who agreed to plead nolo contendere to attempted murder in the first degree, robbery with a firearm, aggravated battery, and possession of a firearm during a felony, has appealed the sentence imposed. We find that the negotiated plea, entered into knowingly, voluntarily, and intelligently, provides a valid basis for the guideline departure sentence of forty years. Smith v. State,
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