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ROBERTS v. STATE

No. 73439.

547 So.2d 129 (1989)

Doyal Powell ROBERTS, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

July 27, 1989.

Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for petitioner.

Robert A. Butterworth, Atty. Gen. and Edward C. Hill, Jr., Tallahassee, for respondent.

OVERTON, Justice.

We have for review Roberts v. State, 534 So.2d 1225 (Fla. 1st DCA 1988). The district court affirmed a departure sentence, rejecting Roberts' claim that no departure was allowed in a resentencing when the trial judge did not originally depart and the resentencing was due to an improper calculation of the sentencing guidelines scoresheet. The district court certified conflict with Harrison v. State,

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