MUSGROVE v. STATE

No. 91-2247.

599 So.2d 725 (1992)

James Paul MUSGROVE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

May 28, 1992.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, Carl S. McGinnes, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., Edward C. Hill, Jr., Asst. Atty. Gen., for appellee.


KAHN, Judge.

James Paul Musgrove appeals the habitual offender sentences that were imposed on resentencing on the basis that they are invalid departure sentences. We agree, vacate the sentences, and remand for resentencing.

Appellant was charged in three separate cases with uttering a forged instrument, aggravated assault with a firearm, possession of a firearm by a convicted felon, and burglary. The offenses occurred between June 1988 and September 1988....

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