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HARDY v. STATE

No. 90-01191.

586 So.2d 1070 (1991)

Wayne Marion HARDY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

May 17, 1991.

Attorney(s) appearing for the Case

Nancy Daniels, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Amelia L. Beisner, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

This cause is before us on appeal from a judgment and sentence for violation of probation. Appellant argues, and the State concedes, that the trial court erred in imposing a nine-cell upward departure sentence for violation of probation. Lambert v. State, 545 So.2d 838, 842 (Fla. 1989); Sellers v. State, 563 So.2d 214, 215 (Fla. 1st DCA 1990); Teer v. State,

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