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LLOYD v. STATE

No. 89-2143.

579 So.2d 928 (1991)

Anthony LLOYD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 6, 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.

PER CURIAM.

The trial court's reason for departing upward from a guideline sentence was:

Defendant was on probation for selling cocaine and was arrested for selling cocaine (new charges) within 3 months of being released from jail and being placed on probation.

In Smith v. State, 579 So.2d 75 (Fla. 1991), the supreme court held that "one successive criminal episode of no greater significance than the first...

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