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BROWN v. STATE

No. 89-2018.

570 So.2d 1070 (1990)

Freeman Arthur BROWN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 29, 1990.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and George D.E. Burden, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Judy Taylor Rush, Asst. Atty. Gen., Daytona Beach, for appellee.

W. SHARP, Judge.

Brown appeals from two consecutive 5 year sentences he received for two possession of cocaine offenses.1 He argues he received terms of imprisonment which exceed those allowed under the guidelines.2 We agree and quash the sentences.

Brown committed the first offense in March of 1988. He pled nolo contendere and received a 5 year probationary sentence. Only 12 days after being...

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