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MUSICK v. STATE

No. 90-01632.

578 So.2d 849 (1991)

Edward MUSICK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 1, 1991.

Attorney(s) appearing for the Case

Edward Alan Musick, pro se.

James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Asst. Public Defender, Clearwater, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

In this appeal from a judgment and sentence for attempted capital sexual battery, Edward Musick argues four issues.1 We find merit in the issue regarding his sentence which departed upward from the sentencing guidelines.

The trial court's written reason for departing from the sentencing guidelines reflected that Musick abused his familial authority to facilitate the commission of the crime. If the only ground for departure...

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