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ROUNDTREE v. STATE

No. 87-1437.

559 So.2d 1287 (1990)

Benny James ROUNDTREE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 20, 1990.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Brad Permar, Asst. Public Defender, Clearwater, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph R. Bryant, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Appellant was convicted of aggravated assault. The trial judge departed from the guidelines and sentenced appellant to ten years imprisonment. The scoresheet indicates that one reason for the departure was that appellant was found to be a habitual offender. As the state agrees, this is not a sufficient reason for departure Whitehead v. State, 498 So.2d 863 (Fla. 1986). Two other reasons for departure are listed...

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