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STATE v. DAVIS

No. 89-01301.

559 So.2d 1279 (1990)

STATE of Florida, Appellant, v. Christopher Cardale DAVIS, Appellee.

District Court of Appeal of Florida, Second District.

April 18, 1990.

Attorney(s) appearing for the Case

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

James Marion Moorman, Public Defender, Bartow, and Kevin Briggs, Asst. Public Defender, Bartow, for appellee.

PARKER, Acting Chief Judge.

The State of Florida appeals Davis's sentence of ten years' probation which the trial court imposed after finding Davis to be a habitual felony offender. The state maintains that the trial court erred in imposing a sentence which is effectively a downward departure from the recommended sentencing guidelines range of three and one-half to four and one-half years in state prison. The state argues that imposition of the sentence is in derogation...

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