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KNOWLES v. STATE

No. 89-337.

550 So.2d 1133 (1989)

Edwin KNOWLES, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 20, 1989.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and N. Joseph Durant, Jr., Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Mark S. Dunn, Asst. Atty. Gen., for appellee.

Before NESBITT, JORGENSON and GERSTEN, JJ.

CONFESSION OF ERROR

PER CURIAM.

Defendant appeals his sentence, which exceeds the guidelines sentencing range. The trial court departed from the sentencing guidelines for the sole reason that the defendant was an habitual offender. Having reviewed the record and upon the State's confession of error, we reverse the sentence appealed and remand the cause with directions to sentence the defendant within the guidelines range. State v. Brown,

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