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TYSON v. STATE

No. 4-86-1057.

504 So.2d 791 (1987)

Ira C. TYSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 1, 1987.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, and Richard G. Bartmon, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

The conviction appealed from is affirmed in all respects.

While we find no error demonstrated in the trial court's resorting to use of the habitual offender statute in sentencing appellant, that statute cannot be used as a basis for departure from the sentence authorized by the sentencing guidelines. Whitehead v. State, 498 So.2d 863 (Fla. 1986). Furthermore, the trial court failed to set forth in writing...

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