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BATTLES v. STATE

No. BH-137.

483 So.2d 849 (1986)

James Earl BATTLES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 27, 1986.

Attorney(s) appearing for the Case

Michael E. Allen, Public Defender and P. Douglas Brinkmeyer, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Kurt L. Barch, Asst. Atty. Gen., for appellee.

NIMMONS, Judge.

Battles appeals from his 18 year sentence complaining that there were not clear and convincing reasons for exceeding the guidelines range of 9-12 years. We vacate the sentence and remand for resentencing.

In an order entered by the trial court, the following were given as reasons for exceeding the guidelines:

(1) This Defendant has a significant prior history of criminal conduct. He was recently released from prison on parole and has...

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