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BROWN v. STATE

No. BP-379.

509 So.2d 1164 (1987)

Marcus L. BROWN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied August 5, 1987.

Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, P. Douglas Brinkmeyer, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., Raymond L. Marky, Asst. Atty. Gen., for appellee.

NIMMONS, Judge.

The defendant appeals from his sentencing guidelines upward-departure sentence of life imprisonment. The sole reason given by the trial court for departure was the defendant's adjudication as an habitual offender under Section 775.084, Florida Statutes. The judge relied expressly upon this court's decision in Whitehead v. State, 467 So.2d 779 (Fla. 1st DCA 1985) which was, during the pendency of this appeal...

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