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MOORE v. STATE

No. AX-351.

469 So.2d 951 (1985)

Tony Lee MOORE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 4, 1985.

Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, and Paula S. Saunders, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and Wallace E. Allbritton, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

We vacate appellant's prison sentence and remand for resentencing. After appellant's probation was revoked, appellant elected to be sentenced under the sentencing guidelines, Rule 3.701, Florida Rules of Criminal Procedure. The trial court imposed a sentence of five years of imprisonment, a departure from the sentencing guidelines' recommended sentence of any nonstate prison sanction, for the offense of burglary of a structure. The trial court failed to...

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