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BARNES v. STATE

No. 76474.

588 So.2d 585 (1991)

James BARNES, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied November 19, 1991.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, Marti Rothenberg and Carol J.Y. Wilson, Asst. Public Defenders, Eleventh Judicial Circuit, Miami, for petitioner.

Robert A. Butterworth, Atty. Gen. and Jacqueline M. Valdespino, Asst. Atty. Gen., Miami, for respondent.

OVERTON, Justice.

This is a petition to review Barnes v. State, 562 So.2d 729 (Fla. 3d DCA 1990), where the district court held that Barnes' use of familial trust to effectuate the crime justified a departure sentence. We find conflict with Davis v. State, 517 So.2d 670 (Fla. 1987). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

In this case, the petitioner called...

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