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HOLMES v. STATE

No. 89-2508.

569 So.2d 820 (1990)

Vincent Charles HOLMES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied December 4, 1990.

Attorney(s) appearing for the Case

Barbara M. Linthicum, Public Defender, Michael J. Minerva, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Edward C. Hill, Jr., Asst. Atty. Gen., Tallahassee, for appellee.

WILLIS, BEN C., Associate Judge.

This is an appeal from a sentencing guideline departure. Appellant appeared for resentencing on May 23, 1989, following Smith v. State, 537 So.2d 982 (Fla. 1989), which rendered appellant's original sentencing in 1984 invalid. Appellant opted at resentencing to again be sentenced under the guidelines; and the trial judge opted again to depart from the guidelines. Both the sentence and the...

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