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ALBURY v. STATE

No. 89-1440.

561 So.2d 429 (1990)

John Henry ALBURY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 15, 1990.

Attorney(s) appearing for the Case

David B. Javits, North Miami Beach, for appellant.

Robert A. Butterworth, Atty. Gen., and Monique T. Befeler, Asst. Atty. Gen., for appellee.

Before FERGUSON, COPE and GERSTEN, JJ.

PER CURIAM.

Appellant, John Henry Albury, appeals his conviction and sentence for possession of cocaine and marijuana. We affirm in part, reverse in part, and remand.

This is appellant's second trial on the same charges, a prior conviction having been reversed in Albury v. State, 541 So.2d 1262 (Fla. 3d DCA 1989). After being convicted again, appellant was sentenced to a term outside the guidelines by the reimposition...

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