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ASHLEY v. STATE

No. 86-1879.

510 So.2d 970 (1987)

Vincent ASHLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 11, 1987.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Kevin Kitpatrick Carson, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Judge.

Vincent Ashley appeals his departure guidelines sentence on the basis that the trial court did not provide clear and convincing reasons for the departure. The trial court's bases for departure can be summarized as follows:

1. The defendant's probationary status at the time of the offense; 2. The defendant's unamenability to rehabilitation; 3. The defendant's habitual offender status; 4. The defendant's prior admission...

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