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488 So. 2d 99

Wade v. State

Decided April 9, 1986

Relies on 476 So. 2d 158 - Albritton v. State · 488 So. 2d 523 - State v. Mischler · 485 So. 2d 827 - Hankey v. State

Decided 1986-04-09

PER CURIAM.

¶1Upon reconsideration pursuant to the mandate of the Supreme Court of Florida we apply the rule in Albritton v. State, 476 So.2d 158 (Fla.1985), and affirm the trial court’s departure from the presumptive sentencing guidelines.

¶2Although, in this case, both valid and invalid reasons for departure were given, the State has demonstrated beyond a reasonable doubt that the absence of the invalid reasons would not have affected the departure sentence. Accordingly, we affirm.

BOOTH, C.J., SHIVERS, J., and TILLMAN PEARSON (Ret.), Associate Judge, concur.

¶3ON MOTION FOR REHEARING

PER CURIAM.

¶4Motion for rehearing is granted for the purpose of considering the following supplemental authorities cited by appellant:

State v. Misckler, 488 So.2d 523 (Fla.1986).
State v. Cote, 487 So.2d 1039 (Fla.1986).
Hankey v. State, 485 So.2d 827 (Fla.1986).

¶5After consideration, we adhere to the original opinion.

¶6BOOTH, C.J., SHIVERS, J., and TILLMAN PEARSON (Ret.), Associate Judge, concur.

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