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FILMORE v. STATE

No. 87-194.

519 So.2d 73 (1988)

Donald D. FILMORE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 28, 1988.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Ellen D. Phillips, Asst. Atty. Gen., Daytona Beach, for appellee.

ON MOTION FOR REHEARING

DAUKSCH, Judge.

Upon consideration of the Motion for Rehearing, we withdraw the prior decision in this case and substitute the following opinion.

The defendant pled guilty to violating community control and appeared for sentencing. The trial court departed from the guidelines for the sole reason that:

The defendant previously served 3 yrs. in D.O.C. on this charge. To stay within the guidelines would require that...

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