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RICHARDSON v. STATE

No. 2D04-1007.

915 So.2d 766 (2005)

Johnny L. RICHARDSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 9, 2005.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Allyn M. Giambalvo, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.

VILLANTI, Judge.

Johnny Richardson claims a violation of Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), because the trial court imposed an upward departure sentence based on its finding that Richardson occupied a leadership role in a criminal organization. The State properly concedes error, and we reverse and remand for resentencing.

In March 2003, Richardson entered an open guilty plea to...

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