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HARMS v. STATE

No. AW-238.

454 So.2d 689 (1984)

Herman Henry HARMS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied September 6, 1984.

Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, Michael J. Minerva, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., Wallace E. Allbritton, Asst. Atty. Gen., for appellee.

WENTWORTH, Judge.

Appellant Harms asserts violation of the sentencing guidelines, Fla.R.Crim.P. 3.7011 in the imposition of the 15-year sentence appealed by him. He was sentenced on November 23, 1983, upon revocation of a four-year probationary term imposed in January 1982 on a guilty plea to a charge of dealing in stolen property. We reverse because the trial court erred (1) in rejecting defendant's election, before sentencing, to have...

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