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BROOKS v. STATE

No. 85-1425.

490 So.2d 173 (1986)

Clarence BROOKS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 19, 1986.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Michael L. O'Neill, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Joseph N. D'Achille, Jr., Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Chief Judge.

On appeal, Brooks contends that the trial court erred in imposing a sentence in excess of the sentencing guidelines, and in imposing costs pursuant to sections 27.56, 943.25 and 960.20, Florida Statutes (1983). We agree and reverse.

The trial court's reasons for departure were stated as follows:

Though the guidelines take into consideration the defendant's past criminal record, it does not consider the time sequence of the same...

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