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VARA v. STATE

No. 89-02765.

575 So.2d 306 (1991)

Genero Muniz VARA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 27, 1991.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Wendy E. Friedberg, Asst. Public Defender, Bartow, for appellant.

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

PARKER, Judge.

Genero Vara appeals upward departure sentences imposed against him on resentencing for second-degree murder. We reverse and remand for sentencing within the guidelines.

This is the second occasion Vara has been before this court on a sentencing issue. In Vara v. State, 546 So.2d 1071 (Fla. 2d DCA), review denied, 554 So.2d 1169 (Fla. 1989), this court affirmed Vara's conviction, vacated his sentence...

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