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CARTER v. STATE

No. 90-1685.

576 So.2d 934 (1991)

Alphonso CARTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 28, 1991.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and James T. Cook, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and David G. Mersch, Asst. Atty. Gen., Daytona Beach, for appellee.

SHARP, W., Judge.

Carter was sentenced to three years incarceration followed by two years on community control. The applicable sentencing guidelines permitted range (including the one cell increase for violation of community control) was "community control or one to four and one-half years incarceration." (emphasis supplied) Fla.R.Crim.P. 3.988(d). No "departure reasons" were given.

We vacate the sentence and remand for resentencing because the applicable...

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