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STATE v. COLLINS

No. 85-275.

482 So.2d 388 (1985)

STATE of Florida, Appellant, v. Stanley J. COLLINS, Appellee.

District Court of Appeal of Florida, Fifth District.

On Motion for Rehearing January 30, 1986.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender, and James R. Wulchak, Asst. Public Defender, Daytona Beach, for appellee.

DAUKSCH, Judge.

This is an appeal from a sentence in an attempted robbery case. The state urges and we agree the trial judge erred in departing from the recommended guideline sentence.

Due to his past record, the severity of the crime, and the other factors scored on the sentencing guideline scoresheet, appellee was scored a total of 128 points. The recommended sentence under the guidelines calls for imprisonment for five and one-half to seven years. In order...

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