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STOKES v. STATE

No. 88-206.

529 So.2d 323 (1988)

Willie Lee STOKES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

July 28, 1988.

Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, and Kathleen Stover, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Gary L. Printy, Asst. Atty. Gen., Tallahassee, for appellee.

ZEHMER, Judge.

This is an appeal from a sentence imposed for appellant's violation of probation and for the subsequent offense which formed the basis of the violation of probation.1 Appellant asserts as error the lower court's one cell upward departure from the recommended guidelines sentence for these two offenses. The pertinent facts are as follows.

In 1982, upon being convicted of burglary, appellant was placed on three years...

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