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BRAINARD v. STATE

No. 88-00850.

550 So.2d 78 (1989)

Richard BRAINARD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 13, 1989.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Asst. Public Defender, Clearwater, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Brenda S. Taylor, Asst. Atty. Gen., Tampa, for appellee.

ALTENBERND, Judge.

We affirm the defendant's sentence which departed from guidelines, but remand for a correction of the sentence to reflect credit for jail time served. Mr. Brainard was sentenced to ten years' imprisonment, to be followed by five years' probation, for possession of marijuana in excess of one hundred pounds. The sentence was imposed on a 1976 offense following a violation of probation. The violation of probation...

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