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MORALES v. STATE

No. 89-88.

563 So.2d 211 (1990)

Leonardo MORALES, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 3, 1990.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Giselle D. Lylen, Asst. Atty. Gen., for appellee.

Before HUBBART, NESBITT and BASKIN, JJ.

PER CURIAM.

Defendant's sentence is vacated on the authority of Ree v. State, 14 F.L.W. 565 (Fla. Nov. 16, 1989), and State v. Oden, 478 So.2d 51 (Fla. 1985). We remand with instructions to resentence defendant within the sentencing guidelines. See Pope v. State, 561 So.2d 554 (Fla. 1990).

Sentence vacated; remanded for resentencing within the...

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