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TOSSIO v. STATE

No. 93-1538.

634 So.2d 244 (1994)

Teddy TOSSIO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 25, 1994.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Anne Moorman Reeves, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., and Kimberly D. Nolan, Certified Legal Intern, Daytona Beach, for appellee.

HARRIS, Chief Judge.

The issue on appeal is whether the trial court erred in departing from the permitted range when sentencing for a violation of probation which was based on a new substantive offense.

In September, 1989, Teddy Tossio was sentenced in Orange county to ten years' probation as part of a split sentence for trafficking in cocaine. In June, 1993, Tossio pled guilty to violation of probation based on a new conviction for trafficking in cocaine...

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