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SMITH v. STATE

No. 90-01505.

599 So.2d 265 (1992)

Kerry SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 27, 1992.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Deborah K. Brueckheimer, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellee.

LEHAN, Judge.

Defendant appeals the upward departure sentence he received upon revocation of his probation. We reverse.

The trial court stated its reason for departure in its order as follows:

The defendant committed 7 robberies between 12/6/89 and 12/30/89 after being placed back on probation for robbery on 11/29/89 when he admitted violating his probation for absconding from supervision. Green v. State, 545 So.2d 359

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