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LEVACK v. STATE

No. 84-1624.

468 So.2d 261 (1985)

Jaques Rene LEVACK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 22, 1985.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and John T. Kilcrease, Jr., Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., and Ann Garrison Paschall, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

We affirm the revocation of defendant's probation. See Watkins v. State, 368 So.2d 363 (Fla. 2d DCA 1979). However, we reverse and remand for resentencing.

The sentence imposed exceeded the maximum sentencing guidelines range, and no reasons were given for departure from the guidelines. See Fla.R.Crim.Pro. 3.701(d)(10). Defendant's failure to object on this ground in the trial court does not preclude...

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