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BROWN v. STATE

No. 90-00218.

568 So.2d 1003 (1990)

Jeffrey BROWN, a/k/a Michael Brown, a/k/a Harlow Howell, a/k/a Carlos Howard, 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, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Appellant Jeffrey Brown contests the twenty-six year sentence imposed by the trial court after a finding that he had violated the terms and conditions of community control. The state concedes that the trial court departed upward from the guideline recommendation for invalid reasons. See Lambert v. State, 545 So.2d 838 (Fla. 1989). Accordingly, we remand this case for resentencing within the guidelines, at which...

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