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SELF v. STATE

No. 86-2832.

528 So.2d 526 (1988)

Calvin Lee SELF, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 20, 1988.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Laura Griffin, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, Gary O. Welch, Asst. Atty. Gen., Tampa, for appellee.

PARKER, Judge.

Self appeals his conviction and sentence for grand theft, alleging the trial court erred: (1) in granting the state's requested flight instruction; and (2) sentencing Self in excess of the recommended guidelines sentence. We affirm the conviction but remand for resentencing.

The jury received the following flight instruction:

If you believe beyond a reasonable doubt that the defendant fled or sought to flee when he saw the officers...

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