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KREBS v. STATE

No. 87-2080.

534 So.2d 1236 (1988)

Robert Frances KREBS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 15, 1988.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Colin Campbell, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Judge.

In this case the appellant argues that resentencing is necessitated by the Florida Supreme Court case of Hansbrough v. State, 509 So.2d 1081 (Fla. 1987). Hansbrough held that premeditation of robbery is an invalid basis for a departure from the sentencing guidelines. Nevertheless, there was a second basis for departure utilized by the trial court: commission of a crime in a "professional manner." That...

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