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CUMBIE v. STATE

No. 76216.

574 So.2d 1074 (1991)

Kenneth Richard CUMBIE, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied March 4, 1991.

Attorney(s) appearing for the Case

Barbara M. Linthicum, Public Defender, and Nancy L. Showalter, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for petitioner.

Robert A. Butterworth, Atty. Gen., and Carolyn J. Mosley, Asst. Atty. Gen., Tallahassee, for respondent.

PER CURIAM.

We have for review Cumbie v. State, 562 So.2d 845 (Fla. 1st DCA 1990), which certified a question similar to one recently answered by this Court in Wilson v. State, 567 So.2d 425 (Fla. 1990):

Whether abuse of a position of familial authority over a victim may constitute a clear and convincing reason justifying the imposition of a departure sentence for a conviction...

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