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DILLARD v. STATE

No. 4D03-1165.

869 So.2d 661 (2004)

Kevin J. DILLARD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 31, 2004.

Attorney(s) appearing for the Case

Kevin J. Dillard, Punta Gorda, Pro Se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Claudine M. LaFrance, Assistant Attorney General, West Palm Beach, for appellee.

TAYLOR, J.

Kevin J. Dillard appeals his upward departure sentence imposed by the trial court on re-sentencing following remand. We reverse and remand for re-sentencing.

Appellant was convicted of attempted trafficking in cocaine in an amount between 28 and 200 grams. He was initially sentenced as an habitual offender to twenty years in prison. In Dillard v. State, 820 So.2d 994...

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