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FITZSIMMONS v. STATE

No. 88-00365.

564 So.2d 627 (1990)

Michael FITZSIMMONS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

August 1, 1990.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Robert D. Rosen, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph R. Bryant, Asst. Atty. Gen., Tampa, for appellee.

SCHEB, Judge.

The defendant was convicted of kidnapping and battery, offenses he committed in 1987. The trial judge sentenced the defendant to life for the kidnapping and one year imprisonment for the battery, the sentences to be served consecutively. He listed twenty-nine reasons for departure.

The defendant's only point on appeal addresses the departure sentence. We agree with the defendant that all of the reasons

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