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ROBINSON v. STATE

No. 84-2098.

497 So.2d 1355 (1986)

Frank S. ROBINSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 3, 1986.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Carolyn V. McCann, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Appellant Frank S. Robinson appeals his conviction and sentence for burglary and petit theft. We affirm the conviction but vacate the sentence and remand for resentencing. First, the trial court erred by failing to include written reasons for departure from the sentencing guidelines. State v. Johnson, 486 So.2d 535 (Fla. 1986). Second, the trial court erred in using Robinson's habitual offender status as a reason...

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