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GILL v. STATE

No. 2D03-2229.

886 So.2d 988 (2004)

Clifton GILL, Appellant/Cross-Appellee, v. STATE of Florida, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Second District.

Rehearing Denied November 18, 2004.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Richard P. Albertine, Jr., Assistant Public Defender, Bartow, for Appellant/Cross-Appellee.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee/Cross-Appellant.

CANADY, Judge.

Clifton Gill appeals an upward departure sentence imposed under the 1994 sentencing guidelines in a Heggs1 resentencing proceeding. The State cross-appeals the sentence. Both Gill and the State challenge the trial court's determination concerning the offense severity level on Gill's guidelines scoresheet. Gill also contends that the departure was imposed for an improper reason and was unsupported by the facts. We...

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