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SANDERS v. STATE

No. 87-1468.

537 So.2d 1118 (1989)

Thomas Ashley SANDERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 1, 1989.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Peggy A. Quince, Asst. Atty. Gen., Tampa, for appellee.

LEHAN, Judge.

Defendant appeals from his sentence of two years community control, a sentence included within the second cell of the guidelines. The sentence recommended by the guidelines was within the first cell which called for any nonstate prison sanction. Defendant's sentence was, as decided in State v. Mestas, 507 So.2d 587 (Fla. 1987), an upward departure. See State v...

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