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LOFTON v. STATE

No. 87-1620.

517 So.2d 700 (1987)

Arnett LOFTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 8, 1988.

Attorney(s) appearing for the Case

Arnett Lofton, pro se.

Robert A. Butterworth, Atty. Gen., Tallahassee, and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for appellee.

COWART, Judge.

Appellant's departure sentence based on the habitual offender statute is vacated and this cause remanded for resentencing under the sentencing guidelines. See Frierson v. State, 511 So.2d 1016 (Fla. 5th DCA 1987) and Kersey v. State, 515 So.2d 261 (Fla. 5th DCA 1987).

REVERSED and REMANDED.

UPCHURCH, C.J., and ORFINGER...

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