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LINE v. STATE

Nos. 97-4174, 97-4175.

722 So.2d 853 (1998)

Thomas James LINE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 18, 1998.

Attorney(s) appearing for the Case

Donna Levine and Fredrick R. Susaneck of Essen, Essen, Susaneck Canet & Lipson, P.A., West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Gentry Benjamin and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.

FARMER, J.

Previously in this case, State v. Line, 698 So.2d 318 (Fla. 4th DCA 1997), we held that the trial judge had no discretion to withhold or suspend sentence for a seventh DUI conviction. The concluding paragraph of the opinion said that our disposition of the case rendered moot the issue whether the trial court had the authority to depart from the guidelines and remanded for resentencing within the guidelines. When...

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