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AMBROSE v. STATE

No. 93-1718.

626 So.2d 254 (1993)

Charles AMBROSE, Petitioner, v. STATE of Florida, et al., Respondents.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied October 27, 1993.

Attorney(s) appearing for the Case

Charles Ambrose, pro se.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Anthony J. Golden, Asst. Atty. Gen., Daytona Beach, for respondents.

WRIT OF HABEAS CORPUS

PETERSON, Judge.

Charles Ambrose petitions this court for a writ of habeas corpus for a belated appeal based upon a claim of ineffective assistance of counsel. We find merit in only one of the three issues raised in the petition and grant the writ.

Ambrose was convicted of two counts of sexual battery upon his 71 year old victim. The trial court departed from the guidelines giving as reasons for the departure:

(1) Age...

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