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GANN v. STATE

No. 84-662.

459 So.2d 1175 (1984)

William Louis GANN, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 6, 1984.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and James R. Wulchak, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Mark C. Menser, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Judge.

This is an appeal from a sentence. Appellant asserts the judge did not follow the sentencing guidelines as he should have. It is apparent to us that the judge, while a bit hesitant and unsure about it, actually sentenced appellant as an habitual offender under section 775.084, Florida Statutes (1983). The hesitation is quite understandable because even the Sentencing Guidelines Commission is having difficulty getting a hard and fast set of rules and...

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