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GUERRA v. STATE

No. 91-02592.

626 So.2d 706 (1993)

Maria Antoinette GUERRA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 27, 1993.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Karen K. Purdy, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and David R. Gemmer, Asst. Atty. Gen., Tampa, for appellee.

PARKER, Judge.

We affirm Maria Guerra's conviction for murder in the second degree with a weapon, concluding that the giving of the flight instruction was harmless error. See Power v. State, 605 So.2d 856 (Fla. 1992). However, sentencing errors require that we remand this case to the trial court for resentencing.

Guerra contends that the trial court erred in imposing a departure sentence based on excessive physical...

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