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WARDLAW v. STATE

No. 2D01-169.

832 So.2d 258 (2002)

Brian Lester WARDLAW, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 11, 2002.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Cynthia J. Dodge, Assistant Public Defender, Bartow, for Appellant.

Richard E. Doran, Attorney General, Tallahassee, and Ann Pfeiffer Howe, Assistant Attorney General, Tampa, for Appellee.

CASANUEVA, Judge.

Following the imposition of a thirty-year prison sentence for a violation of probation for attempted capital sexual battery, Brian Lester Wardlaw contends that, because he did not agree to a departure sentence at his original sentencing, the court improperly imposed an improper upward departure. Based upon Poore v. State, 531 So.2d 161 (Fla.1988); Lawrence v. State, 682 So.2d 582...

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