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HARVEY v. STATE

No. 86-410.

497 So.2d 996 (1986)

Kenneth W. HARVEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 20, 1986.

Attorney(s) appearing for the Case

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

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

SHARP, Judge.

Harvey appeals from his conviction and sentence for second degree murder.1 Employing an "alternative sentencing plan," the trial judge sentenced him to life imprisonment under either an enhanced guideline sentence, or the habitual offender statute. We affirm the conviction but reverse the sentence.

The sentence can only be considered to be a departure sentence because the...

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