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HARDIMON v. STATE

Nos. 4-86-2489, 87-0233.

527 So.2d 876 (1988)

Nathaniel HARDIMON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 22, 1988.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, Anthony Calvello and Carol Young, Asst. Public Defenders, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Alfonso M. Saldana, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

The trial court originally departed from the sentencing guidelines based solely upon a finding that appellant was a habitual offender. While the appeal was pending, the defendant moved this court to relinquish jurisdiction because of the supreme court's decision in Whitehead v. State, 498 So.2d 863 (Fla. 1986), holding that a departure sentence may not be based upon...

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