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SMITH v. STATE

No. 88-2099.

555 So.2d 1315 (1990)

Anthony SMITH, etc., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 25, 1990.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Colin Campbell, Asst. Atty. Gen., Daytona Beach, for appellee.

SHARP, Judge.

The state agrees that the sentences imposed on Smith for three criminal proceedings involving third degree felonies exceeded the recommended sentencing guidelines range, and the permitted one-bracket bump-up for violation of probation, without any written reasons being given for the additional departure. In addition, the sentences imposed in two of the cases also exceed the statutory maximum for third degree felonies. The three cases had been combined...

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