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LARK v. STATE

No. 91-2206.

599 So.2d 289 (1992)

Arthur Leroy LARK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 12, 1992.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Lyle Hitchens, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Judge.

After a review of the record and briefs, we can discern only one issue which requires our attention. As the defendant correctly points out, and the state conceded, an extra forty-two points were assessed on the sentencing guideline scoresheet for legal constraint. The deduction of these points alters the recommended range and the permitted range creating the appearance of a departure sentence without written reasons.

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