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STATE v. VICKNAIR

No. 68536.

498 So.2d 416 (1986)

STATE of Florida, Petitioner, v. Charles J. VICKNAIR, a/k/a Robert Noel Vicknair, Respondent.

Supreme Court of Florida.

November 26, 1986.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for petitioner.

James B. Gibson, Public Defender, Seventh Judicial Circuit, and Christopher S. Quarles, Asst. Public Defender, Daytona Beach, for respondent.

BARKETT, Justice.

The Fifth District Court of Appeal certified the following question in Vicknair v. State, 483 So.2d 896, 898 (Fla. 5th DCA 1986):

Is the determination of a defendant as an habitual offender pursuant to section 775.084, Florida Statutes, a permissible reason to depart from a recommended guideline sentence where the sole factual basis for the habitual offender...

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