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FRANCIS v. STATE

85-1364.

487 So.2d 348 (1986)

Andre FRANCIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 28, 1986.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and D.P. Chanco, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Frank Migliore, Jr., Asst. Atty. Gen., Tampa, for appellee.

GRIMES, Acting Chief Judge.

Appellant's contention that his probation should not have been revoked is without merit and need not be discussed. However, the argument concerning the propriety of his sentence warrants more consideration.

Appellant was convicted of burglary and grand theft. The guidelines scoresheet reflected twenty-four points which placed him in a recommended range of "any non-state prison sanction." The court sentenced

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