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530 So. 2d 503

530 So.2d 503

13 Fla.L.Weekly 2078

Ruiz v. State

District Court of Appeal of Florida

Decided September 6, 1988

District Court of Appeal of Florida · decided 1988-09-06

Relies on 438 So. 2d 1 - Palmer v. State · 409 So. 2d 1031 - Mobley v. State · Sans v. State

Decided 1988-09-06

PER CURIAM.

¶1The convictions under review are affirmed upon the holdings that the evidence was entirely sufficient to support the finding of guilt and that the alleged restriction on cross-examination constituted no more than harmless error beyond a reasonable doubt. Mobley v. State, 409 So.2d 1031 (Fla.1982); § 924.33, Fla.Stat. (1987).

¶2The upward departure sentence is affirmed on the authority of Sans v. State, 528 So.2d 516 (Fla. 3d DCA 1988), which approved a guidelines deviation imposed upon a co-defendant for the same reasons as those asserted here. As the state concedes, however, it was improper to impose consecutive three year minimum mandatory provisions pursuant to section 775.-*504087(2), Florida Statutes (1987). Palmer v. State, 438 So.2d 1 (Fla.1983). Hence, upon remand, the two three-year mandatory sentences shall be made concurrent.

¶3AFFIRMED AS MODIFIED.

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