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PERKINS v. STATE

No. 84-2442.

472 So.2d 889 (1985)

Charles PERKINS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 24, 1985.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Georgina Jimenez-Orosa, Asst. Atty. Gen., West Palm Beach, for appellee.

LETTS, Judge.

Appellant is correct in his assertion that the judge considered the wrong guidelines; it is true, however, that she departed from them in any case. We remand for resentencing in accordance with the guidelines in effect at the time the offense was committed. Miller v. State, 468 So.2d 1018 (Fla. 4th DCA 1985). The same sentence is possible if clear and convincing reasons for departure from the applicable guidelines...

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