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MOBLEY v. STATE

No. 88-01532.

548 So.2d 1180 (1989)

Lillie Bell MOBLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 20, 1989.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Asst. Public Defender, Clearwater, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

This is an appeal from a departure sentence. The appellant contends that the trial judge erred when he sentenced her upon a conviction for felony petit theft giving the following as the departure reasons: similar course of conduct; at least four to six prior convictions. The appellant's contention is based upon Hendrix v. State, 475 So.2d 1218 (Fla. 1985), in that the departure reasons only constitute prior record...

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