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CLARK v. STATE

Nos. 89-1503, 89-1748.

572 So.2d 929 (1990)

Larry CLARK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 17, 1991.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and George D.E. Burden, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Rebecca R. Wall, Asst. Atty. Gen., Daytona Beach, for appellee.

W. SHARP, Judge.

Clark appeals his sentences and convictions for armed burglary1 of a conveyance and grand theft.2 He argues the court erred when it admitted as substantive evidence at trial the discovery deposition of a state witness who was unavailable at the time of the jury trial. He also argues on appeal that the reasons the trial court imposed a "departure sentence"3 were...

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