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STATE v. MALONE

No. 85-548.

489 So.2d 213 (1986)

The STATE of Florida, Appellant, v. Roscoe MALONE, III, Appellee.

District Court of Appeal of Florida, Third District.

June 3, 1986.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Jacki B. Geartner, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Thomas G. Murray, Asst. Public Defender, for appellee.

Before SCHWARTZ, C.J., and DANIEL S. PEARSON and JORGENSON, JJ.

PEARSON, DANIEL S., Judge.

Seizing upon language in Cigelski v. State, 453 So.2d 840 (Fla. 1st DCA), pet. for review denied, 459 So.2d 1039 (Fla. 1984), to the effect that probation is not a sentence controlled by the sentencing guidelines, the trial court placed the defendant on probation in the face of a guideline scoresheet that indicated a presumptive sentence of incarceration between 2 1/2 and 3 1/2 years. On...

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