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STATE v. FRASER

No. 90-03185.

582 So.2d 171 (1991)

STATE of Florida, Appellant, v. Peter N. FRASER, Appellee.

District Court of Appeal of Florida, Second District.

July 17, 1991.

Attorney(s) appearing for the Case

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

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

HALL, Judge.

The state appeals for the second time the downward departure sentence imposed on the appellee, Peter Fraser. The state's first appeal resulted in a remand by this court for resentencing within the guidelines because of a lack of contemporaneous written reasons. 564 So.2d 1262 Upon remand, the trial court again imposed a downward departure sentence, nunc pro tunc to the original sentencing date of October 31, 1989, but...

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