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SAUNDERS v. STATE

No. BA-41.

459 So.2d 1119 (1984)

Robert SAUNDERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

November 14, 1984.

Attorney(s) appearing for the Case

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

Jim Smith, Atty. Gen., Gregory G. Costas, Asst. Atty. Gen., for appellee.

WENTWORTH, Judge.

Appellant seeks review of sentences imposed, after a violation of probation, for two counts of burglary. We find that the court erred by applying Fla.R.Crim.P. 3.701(d)(14) (1984) prior to the provision's effective date, thereby impermissibly exceeding the Fla.R.Crim.P. 3.701 presumptive guidelines sentence. We vacate the sentences appealed and remand the cause for resentencing.

In 1983, pursuant...

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