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TITO v. STATE

No. 90-01760.

593 So.2d 284 (1992)

Miguel TITO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 22, 1992.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Deborah K. Brueckheimer, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellee.

DANAHY, Judge.

The sole issue on this appeal is whether the trial court erred in sentencing the appellant in three cases, Nos. 88-11577 (Case 1), 89-18723 (Case 2), and 90-4018 (Case 3). The trial court sentenced the appellant in Case 1 to an upward departure sentence of five years imprisonment and in Case 2 to an upward departure sentence of five years imprisonment consecutive to the sentence in Case 1. In Case 3 the trial court declared the appellant a habitual...

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