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BLAKE v. STATE

No. 93-558.

622 So.2d 633 (1993)

Sharmese BLAKE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

August 17, 1993.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Rosa C. Figarola, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Richard L. Polin, Asst. Atty. Gen., for appellee.

Before NESBITT, COPE and GERSTEN, JJ.

PER CURIAM.

Reviewing the record and considering the state's confession of error, we vacate the sentence under review and remand for resentencing within the sentencing guidelines. The fact that the defendant, after entering into a written plea agreement, requested jail time rather than community control, did not constitute a valid basis for departure from the guidelines. See Tirado v. State, 583 So.2d 730 (Fla. 3d DCA 1991...

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