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MENARD v. STATE

No. 3D00-2367.

827 So.2d 1095 (2002)

Bob MENARD, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 16, 2002.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Marti Rothenberg, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Linda S. Katz, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and GERSTEN and FLETCHER, JJ.

FLETCHER, Judge.

Bob Menard [defendant], convicted as a principal on several charges arising from the armed invasion of a ship on the Miami River, appeals an upward departure sentence. For the reasons which follow, we reverse and remand the case for resentencing.

On January, 24, 1998 at around 1:30 a.m., several intruders, including the defendant, boarded the ship "Miss Shandeline" docked on the Miami River. The crew was awakened by the intruders, some of...

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