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HANKEY v. STATE

No. 86-1586.

505 So.2d 701 (1987)

Thomas Raymond HANKEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 23, 1987.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender and James R. Wulchak, Asst. Public Defender, Daytona Beach, for appellant.

James A. Butterworth, Atty. Gen., Tallahassee and Ellen D. Phillips, Asst. Atty. Gen., Daytona Beach, for appellee.

SHARP, Judge.

Hankey was resentenced to thirty months incarceration, followed by two years community control, followed by five years probation. He had been convicted of burglary of a dwelling1 and burglary of a structure.2 The presumptive guideline sentence based on Hankey's 48 point count was "community control or 12 to 30 months incarceration," the second bracket of the category 5 scoresheet. Because...

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