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BROOKS v. STATE

No. 89-0148.

554 So.2d 33 (1989)

Isaac BROOKS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 28, 1989.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Susan D. Cline, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and David D. McLauchlin, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Isaac Brooks (Brooks) appeals the trial court's order denying his 3.800(a) motion to correct an illegal sentence. We reverse.

The state concedes that the trial court erred in departing from the recommended guidelines sentence by more than the one-cell bump up permitted by Florida Rule of Criminal Procedure 3.701(d)(14). Furthermore, Brooks is correct in asserting that he is entitled to credit for his gain time earned while incarcerated. State...

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