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BROWN v. STATE

No. 85-25.

481 So.2d 1271 (1986)

Perry C. BROWN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 16, 1986.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Larry B. Henderson, 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.

On appellant's first appeal his sentence as an habitual offender under section 775.084, Florida Statutes (1983), was vacated because of the failure of the trial judge to make the requisite findings to support that sentence. See Brown v. State, 457 So.2d 1079 (Fla. 5th DCA 1984). On remand appellant elected to be sentenced under the sentencing guidelines and the trial court departed from the recommended guideline...

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