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BROWNING v. STATE

No. 92-1194.

625 So.2d 960 (1993)

Johnathan Carl BROWNING, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

October 22, 1993.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Lyle Hitchens, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Myra J. Fried, Asst. Atty. Gen., Daytona Beach, for appellee.

THOMPSON, Judge.

Johnathan Carl Browning ("Browning") appeals his departure sentence for the offenses of battery on a law enforcement officer and resisting arrest with violence. The trial judge imposed a sentence in excess of the permitted guideline sentence. We reverse.

Browning was charged with three counts of battery on a law enforcement officer1 and one count of resisting arrest with violence.2...

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