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FINKLEA v. STATE

Nos. BJ-252, BJ-255.

496 So.2d 230 (1986)

Leon D. FINKLEA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

October 28, 1986.

Attorney(s) appearing for the Case

Michael E. Allen, Public Defender and Kenneth D. Driggs, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., John M. Koenig, Jr. and Wallace E. Allbritton, Asst. Attys. Gen., Tallahassee, for appellee.

ERVIN, Judge.

Appellant appeals the trial court's departure from the recommended guideline sentence of 9-12 years' incarceration to a term of natural life. We find that the trial judge's reasons for departure are invalid in that they have already been factored into the guideline sentence.

The case is reversed with directions to resentence the appellant within the recommended range provided by the guidelines. Williams v. State, 492 So...

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