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STATE v. NICHOLS

No. 87-3111.

536 So.2d 1052 (1988)

STATE of Florida, Appellant, v. Thomas Winfield NICHOLS, Appellee.

District Court of Appeal of Florida, Fourth District.

September 28, 1988.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and John W. Tiedemann, Asst. Atty. Gen., West Palm Beach, for appellant.

Michael D. Gelety, Fort Lauderdale, for appellee.

ON REHEARING

GUNTHER, Judge.

We grant the motion for rehearing and substitute the following opinion:

This is an appeal from a sentence. We vacate the defendant's sentence and remand.

Defendant entered a guilty plea to trafficking in cocaine and was adjudicated and sentenced to three years' incarceration. At sentencing, both parties acknowledged that the recommended guidelines range was 4 1/2 to...

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