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STATE v. PETERS

No. BK-152.

500 So.2d 704 (1987)

STATE of Florida, Appellant, v. Terrance PETERS, Appellee.

District Court of Appeal of Florida, First District.

January 6, 1987.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Barbara Ann Butler, Asst. Atty. Gen., for appellant.

Forrest B. Johnson, Jacksonville, for appellee.

WENTWORTH, Judge.

The state seeks review of an order by which a sentence was imposed below that recommended by the Fla.R.Crim.P. 3.701 sentencing guidelines. We find that the court's specification of reasons for this departure from the guidelines recommendation is permeated with impermissible considerations, and we therefore vacate appellee's sentence.

In departing from the recommended guidelines sentence the court indicated that appellee's character, habits...

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