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BENITEZ v. STATE

No. 90-02089.

578 So.2d 43 (1991)

Daniel BENITEZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 17, 1991.

Attorney(s) appearing for the Case

Daniel Benitez, pro se.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Wendy Buffington, Asst. Atty. Gen., Tampa, for appellee.

PATTERSON, Judge.

The appellant challenges his thirty-year departure sentence and contends that upon resentencing the trial court should have sentenced him under the guidelines in effect at the time of resentencing. We reverse and remand for resentencing.

The appellant challenged his original thirty-year departure sentence. This court affirmed the appellant's judgment and sentence with opinion in Benitez v. State, 470 So.2d 734

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