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VICKNAIR v. STATE

No. 85-409.

483 So.2d 896 (1986)

Charles J. VICKNAIR, a/K/a Robert Noel Vicknair, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 6, 1986.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and David B. Russell, Asst. Public Defender, Daytona Beach, for appellant.

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

COWART, Judge.

This case involves the relationship between the habitual offender act, section 775.084, Florida Statutes, and a guideline sentence under Florida Rule of Criminal Procedure 3.701 and section 921.001, Florida Statutes.

In this case the trial court found the defendant to be an habitual felony offender. However, instead of imposing a sentence under the authority of section 775.084(4)(a), the trial court entered a sentence departing from the recommended...

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