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BERRY v. STATE

No. 76398.

587 So.2d 468 (1991)

William BERRY, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

October 17, 1991.

Attorney(s) appearing for the Case

Arthur Carter, Sp. Asst. Public Defender, Miami, and Law Offices of Maria Brea Lipinski and John H. Lipinski, Miami, for petitioner.

Robert A. Butterworth, Atty. Gen. and Mark S. Dunn, Asst. Atty. Gen., Miami, for respondent.

PER CURIAM.

We have for review Berry v. State, 561 So.2d 330 (Fla. 3d DCA 1990), based upon conflict with Davis v. State, 517 So.2d 670 (Fla. 1987). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

In Berry, the district court held that Berry's use of familial trust to effectuate the rape of his emancipated teenaged daughter justified a departure sentence...

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