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THICKLIN v. STATE

No. 90-1045.

578 So.2d 375 (1991)

Sharon Diane THICKLIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

April 11, 1991.

Attorney(s) appearing for the Case

Nancy Daniels, Public Defender, Glen P. Gifford, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Laura Rush, Asst. Atty. Gen., Tallahassee, for appellee.

SHIVERS, Chief Judge.

This is an appeal of a sentence departing upward from the guidelines. We vacate the sentence and remand.

Thicklin pled nolo contendere to sale of cocaine and violation of community control from a prior conviction for possession of cocaine and drug paraphernalia. Including the one cell bump for violating community control, the maximum sentence under the sentencing guidelines was 4 1/2 years. The trial court departed upward from the guidelines...

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