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DUPLANTIS v. STATE

No. 89-434.

554 So.2d 673 (1990)

Morgan Todd DUPLANTIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 11, 1990.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Fleming Lee, Asst. Atty. Gen., and Robin A. Compton, Certified Legal Intern, Daytona Beach, for appellee.

PER CURIAM.

This is an appeal from a departure sentence. Because the court departed from the recommended guideline sentence for the sole reason that the appellant was on probation and again violated the law, it was error to depart from the recommended guideline sentence. Lambert v. State, 545 So.2d 838 (Fla. 1989); Franklin v. State, 545 So.2d 851 (Fla. 1989). The sentencing judge...

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