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MITCHELL v. STATE

No. 91-1138.

595 So.2d 588 (1992)

Willie James MITCHELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

March 27, 1992.

Attorney(s) appearing for the Case

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

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

PER CURIAM.

Willie James Mitchell appeals the sentence imposed outside the sentencing guidelines following conviction of burglary of a dwelling and sexual battery. The state concedes that the reasons given for departure have either been held invalid or are not supported by the record in this case. Accordingly, we reverse the sentence imposed herein, and remand for resentencing within the guidelines.

BARFIELD, ALLEN and KAHN...

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