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708 So. 2d 654

Andrews v. State

District Court of Appeal of Florida · decided 1998-04-03

Relies on Parker v. State · Corbett v. State · 702 So. 2d 578 - Kipping v. State

Decided 1998-04-03

BLUE, Judge.

¶1David B. Andrews appeals his conviction for scheme to defraud and the guidelines departure sentence imposed. As in the case of James A. Kipping, Andrews’ co-defendant, we affirm the conviction, reverse the sentence and remand for resentencing within the guidelines. See Kipping v. State, 702 So.2d 578 (Fla. 2d DCA 1997). We resolve Andrews’ only issue not presented in Kippingby holding the trial court did not abuse its discretion by denying his motion for continuance. See Parker v. State, 641 So.2d 369, 373-74 (Fla.1994); Corbett v. State, 602 So.2d 1240, 1242 (Fla.1992).

¶2Accordingly, we affirm the conviction, reverse the departure sentence and remand for resentencing within the sentencing guidelines.

ALTENBERND, A.C.J., and YOUNG, ROBERT A, Associate Judge, concur.
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