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WALLACE v. STATE

No. 89-02251.

568 So.2d 1001 (1990)

Rodney Kevin WALLACE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 26, 1990.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender and Jennifer Y. Fogle, Assistant Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Wendy Buffington, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

The state concedes that appellant's sentence of two and one-half years in prison, followed by two years on community control, represents a departure from the sentencing guidelines recommendation. See State v. VanKooten, 522 So.2d 830 (Fla. 1988). Since no reasons for the departure were provided, appellant must be resentenced. It appears from the record that the trial court was unaware the sentence represented...

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