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HEARN v. STATE

No. 84-993.

470 So.2d 826 (1985)

Alan K. HEARN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 12, 1985.

Attorney(s) appearing for the Case

Jeffrey R. Fuller of Williams, Brassfield, Wertz, Fuller & Lamb, P.A., St. Petersburg, for appellant.

Jim Smith, Atty. Gen., Tallahassee and Davis G. Anderson, Asst. Atty. Gen., Tampa, for appellee.

SANDERLIN, JAMES B., Associate Judge.

Alan K. Hearn, a first time felony offender, appeals his sentence for delivery of cocaine. He asserts that the trial judge's reason for departing from the presumptive sentence of the sentencing guidelines was not clear and convincing. We agree and reverse.

Pursuant to an open plea agreement, appellant, who had been charged with conspiracy to traffic in cocaine, pleaded guilty...

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