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RODRIGUEZ v. STATE

No. 90-2248.

588 So.2d 76 (1991)

Luis RODRIGUEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 19, 1991.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Patricia Ann Ash, Asst. Atty. Gen., for appellee.

Before FERGUSON, JORGENSON and LEVY, JJ.

PER CURIAM.

Upon the State's proper confession of error, we reverse the departure sentence and remand for resentencing within the guidelines range. See Williams v. State, 544 So.2d 1125 (Fla. 3d DCA 1989) (trial court improperly departed from sentencing guidelines on ground that defendant committed robbery in calculated, premeditated manner).

Upon remand, before resentencing...

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