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WHITE v. STATE

No. 85-503.

481 So.2d 993 (1986)

Joseph Roland WHITE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 23, 1986.

Attorney(s) appearing for the Case

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

Jim Smith, Atty. Gen., Tallahassee, and Ellen D. Phillips, Asst. Atty. Gen., Daytona Beach, for appellee.

ORFINGER, Judge.

The defendant appeals his departure sentence following his conviction for burglary of a structure. We must vacate the sentence.

Two reasons were given for departure. One was defendant's extensive criminal record. Because the prior criminal record is scored in computing the guideline sentence, it may not be used as a basis for departure. Hendrix v. State, 475 So.2d 1218 (Fla. 1985). The other reason...

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