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STATE v. HOPKINS

No. 87-2399.

520 So.2d 301 (1988)

The STATE of Florida, Appellant, v. Orion HOPKINS, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 17, 1988.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen. and Ralph Barreira, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender and Thomas G. Murray, Asst. Public Defender, for appellee.

Before SCHWARTZ, C.J., and BASKIN and FERGUSON, JJ.

SCHWARTZ, Chief Judge.

Pursuant to plea negotiations with the court,1 the defendant pled guilty to possession of cocaine. The guidelines calculation placed him in the second cell for drug offenses which provides for "Community Control or 12-30 mos. incarceration." Fla. R.Crim.P. 3.988(g) (category 7). On the theory that any period of community control literally falls within this recommendation, the trial judge imposed a sentence...

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