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GIRON v. STATE

No. 91-1134.

584 So.2d 238 (1991)

Juan Carlos GIRON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 3, 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 Marc E. Brandes, Asst. Atty. Gen., for appellee.

Before BARKDULL, NESBITT and COPE, JJ.

PER CURIAM.

The state having confessed error in the upward departure of a sentence, upon probation revocation, the sentencing order of April 10, 1991, be and it is hereby set aside and this matter is returned to the trial court for entry of an appropriate sentence as provided in Rule 3.701(d)(14), Florida Rules of Criminal Procedure. See Franklin v. State, 545 So.2d 851 (Fla. 1989); Lambert v. State,

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