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DEER v. STATE

No. 84-995.

462 So.2d 96 (1985)

Darrell Wayne DEER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 10, 1985.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Christopher S. Quarles, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Gary W. Tinsley, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Judge.

This is an appeal from a guideline sentence. The trial judge departed from the guidelines and sentenced the appellant to four years in prison for a third degree felony.

The basis upon which the judge departed was that:

The defendant's personal history demonstrates his inability to conform to probation or to obey the law. He is a perpetual scofflaw. O.K., Mr. Deer, I cannot help but find based upon your record that your personal...

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