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BURGESS v. STATE

No. 85-1580.

491 So.2d 1167 (1986)

Norman Leon BURGESS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied July 18, 1986.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Allyn Giambalvo, Asst. Public Defender, Clearwater, for appellant.

Jim Smith, Atty. Gen., and Frank Migliore, Jr., Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

In this appeal, the sole issue to be decided is whether the trial court erred in its departure from the sentencing guidelines. We find error in the departure and therefore, we reverse and remand for resentencing.

In its order, the trial court cited the following reasons for departure:

[Defendant] has failed all prior attempts at rehabilitation through [previous] sentences of jail time, probation [and] prison time [and] his criminal history...

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