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STIVERS v. STATE

No. 87-1723.

543 So.2d 453 (1989)

Crit STIVERS, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 24, 1989.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Candance M. Sunderland, Asst. Atty. Gen., Tampa, for appellee.

James Marion Moorman, Public Defender, and W.H. Pasch, Asst. Public Defender, Bartow, for appellant.

PER CURIAM.

Crit Stivers, Jr., has appealed from convictions and sentences for aggravated assault with a firearm and possession of a firearm by a convicted felon. We affirm his convictions but reverse the sentences on the basis that the departure order does nothing more than recite past criminal history. This was error. Hendrix v. State, 475 So.2d 1218 (Fla. 1985). On remand the court is to sentence the defendant within the...

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