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BANKS v. STATE

No. 90-2225.

575 So.2d 755 (1991)

Larry BANKS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 5, 1991.

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 Avi Litwin, Asst. Atty. Gen., for appellee.

Before NESBITT, BASKIN and JORGENSON, JJ.

PER CURIAM.

Defendant Larry Banks appeals a sentence the court imposed after Banks was convicted of possession of cocaine with intent to sell. We vacate the sentence and remand for resentencing. Several reasons compel our decision.

First, the court erred in imposing an enhanced sentence pursuant to section 775.084, Florida Statutes (1987).1 Defendant's guideline sentence was 2 1/2 to 3 1/2 years in prison. The trial court sentenced...

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