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BOYD v. STATE

No. 89-1508.

561 So.2d 1366 (1990)

Marty BOYD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 14, 1990.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Barbara L. Condon, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Nancy Ryan, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

Another guideline sentencing departure case.

The defendant's departure sentence imposed after revocation of community control is reversed because the departure was essentially based on factors relating to the violation of community control.1 The cause is remanded with directions to resentence within the recommended guidelines range as enhanced by the one-cell increase authorized by Florida Rule of Criminal Procedure...

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