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BERRY v. STATE

No. BM-214.

511 So.2d 1075 (1987)

Raheem James BERRY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 26, 1987.

Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, Kathleen Stover, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., Patricia Conners, Asst. Atty. Gen., Tallahassee, for appellee.

NIMMONS, Judge.

Appellant was charged with burglary of a dwelling (Count I) and two counts of battery. He entered a plea of nolo contendere to the burglary of a dwelling and the state dropped the two battery counts. Appellant appeals from his sentence, contending that the reasons given for his upward departure sentence are invalid. We agree that some of the reasons are invalid, and reverse and remand for resentencing.

Appellant entered the victim's residence...

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