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BANKS v. STATE

No. 89-1536.

566 So.2d 366 (1990)

Steven M. BANKS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 6, 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 Bonnie Jean Parrish, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

The sentence imposed upon appellant is reversed, and we remand for resentencing in accordance with Washington v. State, 564 So.2d 168 (Fla. 5th DCA June 21, 1990). A departure sentence may not be imposed at resentencing. Pope v. State, 561 So.2d 554 (Fla. 1990).

The maximum period of incarceration that may be imposed in case number 87-4283, including the one-cell...

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