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BOOMER v. STATE

No. 91-00533.

596 So.2d 730 (1992)

Richard Murl BOOMER, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 20, 1992.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Cynthia J. Dodge, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sue R. Henderson, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

The appellant claims that the trial court improperly imposed an upward departure sentence upon him on remand by this court for resentencing within the guidelines. We hold that the sentence is not an upward departure and affirm.

In Boomer v. State, 564 So.2d 1232 (Fla. 2d DCA 1990), this court affirmed the appellant's convictions and his sentence of life imprisonment on one count of sexual battery on a...

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