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HERNANDEZ v. STATE

No. AY-449.

465 So.2d 577 (1985)

Randall Eugene HERNANDEZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

March 13, 1985.

Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, and Virginia Daire, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and Gary L. Printy, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

We vacate appellant's prison sentence and remand for resentencing. Following appellant's probation revocation, the trial court imposed a sentence of five years of imprisonment, a departure from the sentencing guidelines recommended sentence of any non-state prison sanction, for the offense of uttering a forged prescription. The appellant elected to be sentenced under the guidelines. The trial court failed to...

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