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CAPERS v. STATE

No. 94-4182.

670 So.2d 967 (1995)

Jimmy Donald CAPERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 19, 1995.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; David P. Gauldin, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Trisha E. Meggs and Amelia L. Beisner, Assistant Attorneys General, Tallahassee, for Appellee.

PER CURIAM.

Convicted of three counts of attempted capital sexual battery on a person less than twelve years of age, and two counts of lewd and lascivious assault on a child under the age of sixteen,1 Jimmy Donald Capers appeals the sentence imposed, arguing that the circuit court relied on impermissible grounds for departing from the sentencing guidelines. Except for the sentence imposed in Case No. 94-218, we affirm, but we certify a...

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