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STATE v. ROW

No. 85-314.

478 So.2d 430 (1985)

STATE of Florida, Appellant, v. Robert Maurice ROW, Appellee.

District Court of Appeal of Florida, Fifth District.

November 7, 1985.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Paula C. Coffman, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellee.

COBB, Chief Judge.

The state appeals from the sentence imposed on the defendant, Robert Maurice Row, claiming that it was an illegal sentence.1 We agree and vacate the sentence.

Defendant was convicted of trafficking in cocaine, in violation of section 893.135(1)(b)1, Florida Statutes (1983). Without stating his reasons therefor, the trial judge indicated at sentencing that he was willing to depart from the guideline recommended...

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