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TIRADO v. STATE

Nos. 91-515, 91-453.

583 So.2d 730 (1991)

Leonardo TIRADO and Antonio Gonzalez, Appellants, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 23, 1991.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Beth C. Weitzner, Asst. Public Defender, for appellants.

Robert A. Butterworth, Atty. Gen., and Angelica D. Zayas, Asst. Atty. Gen., and Eric Bruce, Certified Legal Intern, for appellee.

Before HUBBART and JORGENSON and GODERICH, JJ.

PER CURIAM.

The defendants Leonardo Tirado and Antonio Gonzalez appeal from two consecutive five-year sentences for two counts of grand theft. Both sentences constituted departures from the sentencing guidelines. The written reason given by the trial court for this departure was that the defendants had "waived [the sentencing] guidelines" in that they "refused to accept probation or community control." We reverse and remand the cause for resentencing within the sentencing...

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