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STATE v. THOMAS

No. 97-2332.

729 So.2d 398 (1998)

STATE of Florida, Appellant, v. Jack THOMAS, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and Clarification Denied September 28, 1998.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Terri Leon-Benner, Assistant Attorney General, Fort Lauderdale, for appellant.

Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Assistant Public Defender, West Palm Beach, for appellee.

PER CURIAM.

The state appeals a downward departure sentence imposed without written reasons after a revocation of probation. Sentence was imposed on June 11, 1997, after the decision in Franquiz v. State, 682 So.2d 536 ( Fla. 1996). The sentence was based on an open plea to the trial court, without any promise of a particular sentence. Pursuant to Franquiz, we remand to the trial court for resentencing within the guidelines...

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