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BARNES v. STATE

No. 88-1360.

597 So.2d 931 (1992)

James BARNES, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 28, 1992.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Louis Campbell, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Jacqueline M. Valdespino, Asst. Atty. Gen., for appellee.

Before BARKDULL, NESBITT and BASKIN, JJ.

On Remand

PER CURIAM.

In Barnes v. State, 562 So.2d 729 (Fla. 3d DCA 1990), this court affirmed the departure sentence ordered as to defendant James Barnes, basing our opinion as to this issue upon the defendant's use of familial trust to effectuate the crime for which he was convicted, the attempted first-degree murder of his wife. In Barnes v. State, 588 So.2d 585

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