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ROGERS v. STATE

No. 89-877.

561 So.2d 31 (1990)

Darrin Bernard ROGERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 17, 1990.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Glen P. Gifford, Asst. Public Defender, Daytona Beach, for appellant.

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

HARRIS, Judge.

Darrin Bernard Rogers appeals his multicell departure sentences following violations of probation. We find the sentences to be improper under Lambert v. State, 545 So.2d 838 (Fla. 1989) and remand for resentencing. On resentencing the court should consider Daniels v. State, 491 So.2d 543 (Fla. 1986) in determining the proper...

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