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RIVERO v. STATE

No. 90-651.

573 So.2d 427 (1991)

Amador RIVERO, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 31, 1991.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Glen P. Gifford, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Nancy Ryan, Asst. Atty. Gen., Daytona Beach, for appellee.

W. SHARP, Judge.

Rivero appeals from his sentences imposed after a jury convicted him of delivery of cocaine,1 and possession of a controlled substance.2 He received concurrent 15 and 25 year sentences, which departed above the permitted range under the guidelines. The reason given for departure was:

Defendant released from DOC on 10/6/88 after serving 2 1/2 years for delivery

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