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BROOKS v. STATE

No. BO-129.

509 So.2d 364 (1987)

Abraham Troy BROOKS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 16, 1987.

Attorney(s) appearing for the Case

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

Jim Smith, Atty. Gen., Norma J. Mungenast, Asst. Atty. Gen., Tallahassee, for appellee.

NIMMONS, Judge.

The appellant was sentenced as an habitual offender under Section 775.084, Florida Statutes, prior to the Supreme Court's decision in Whitehead v. State, 498 So.2d 863 (Fla. 1986). Appellant was sentenced in excess of the sentencing guidelines on multiple third degree felonies. The only justification given for guidelines departure was the Court's finding that the appellant satisfied the criteria as an habitual...

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