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LOTT v. STATE

No. 89-1870.

562 So.2d 865 (1990)

Emmitt LOTT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 28, 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 Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.

HARRIS, Judge.

Emmitt Lott appeals his sentence entered after a plea of guilty to violation of probation. He contends that the court erred by improperly departing from the sentencing guidelines plus one cell for a sentence for violation of probation. We agree and reverse and remand for resentencing. See Franklin v. State, 545 So.2d 851 (Fla. 1989); Niehenke v. State,

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