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WHICHARD v. STATE

No. 93-654.

630 So.2d 231 (1994)

James Thomas WHICHARD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 28, 1994.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Susan A. Fagan, 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.

In this appeal the appellant correctly points out, and the state readily concedes, that 42 months total incarceration in the Orange County Jail represents an improper upward departure from the recommended and permitted range of "any nonstate prison sanction" in regard to the six cases in which he pled no contest. Accordingly, the sentences are vacated and remanded for resentencing within the parameters of Singleton v. State, 554...

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