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ROA v. STATE

No. 90-01201.

574 So.2d 1126 (1991)

Mario ROA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 20, 1991.

Attorney(s) appearing for the Case

Howard J. Shifke, Tampa, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and David R. Gemmer, Asst. Atty. Gen., Tampa, for appellee.

PARKER, Judge.

Mario Roa appeals the trial court's revocation of his probation and community control and the trial court's sentence exceeding the sentencing guidelines. We affirm the revocation of probation and community control but reverse the departure sentence.

Roa's original sentences for burglary, aggravated battery, and two counts of grand theft in the second degree exceeded the sentencing guidelines. Upon appeal to this court, we reversed the sentences...

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