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SUTTON v. STATE

No. 88-2340.

539 So.2d 566 (1989)

Willis Darrell SUTTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 8, 1989.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Ellen Morris, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol Cobourn, Asst. Atty. Gen., West Palm Beach, for appellee.

POLEN, Judge.

Appellant contests the trial court's upward departure from the sentencing guidelines range of seven to nine years in state prison, to the statutory maximum of fifteen years. Originally charged with one count of sexual battery of a child, appellant had pled to the lesser offense of attempted sexual battery. He was sentenced to five years in state prison, to be followed by seven and one-half years probation....

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