BUTLER v. STATE

No. 89-2669.

593 So.2d 569 (1992)

Roy BUTLER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 4, 1992.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Elliot H. Scherker, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Joan L. Greenberg, Asst. Atty. Gen., for appellee.

Before HUBBART, COPE and LEVY, JJ.


PER CURIAM.

On April 3, 1990, this court issued an opinion in which we affirmed a sentencing guidelines departure sentence of twelve-years imprisonment. The ground stated by the trial court for the sentencing guidelines departure was the temporal proximity between the defendant's release from prison and the commission of the instant offense. This court, however, withheld issuance of the mandate and on September 14, 1991, the full court entered an order setting the...

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