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HORTON v. CROSBY

No. 3D03-597.

848 So.2d 504 (2003)

Larry HORTON, Petitioner, v. James V. CROSBY, Jr., etc., Respondent.

District Court of Appeal of Florida, Third District.

July 10, 2003.

Attorney(s) appearing for the Case

Larry Horton, in proper person.

Charles J. Crist, Jr., Attorney General, and Jason Helfant, Assistant Attorney General, for respondent.

Before SCHWARTZ, C.J., and RAMIREZ, J., and NESBITT, Senior Judge.

PER CURIAM.

Larry Horton seeks a writ of habeas corpus.1 We grant the writ because the trial court's reason for its departure from the sentencing guidelines is invalid.

In 1985, respondent State of Florida charged Horton with two counts of lewd and lascivious conduct in case number CFM85-165. Horton pled guilty to one of these counts.2 The trial court withheld...

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