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BANKS v. STATE

No. 91-1463.

591 So.2d 282 (1991)

Gary BANKS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied January 17, 1992.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Nada Carey, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Marilyn McFadden, Asst. Atty. Gen., Tallahassee, for appellee.

JOANOS, Chief Judge.

Gary Banks has appealed the imposition of habitual offender sentencing following his plea of nolo contendere to three counts of burglary of a structure and one count of possession of burglary tools. We reverse and remand for resentencing under the guidelines.

Banks entered his plea in return for a recommendation of guidelines sentencing. The state thereafter filed notice of its intent to seek...

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