POLEN, J.
Appellant, Charles A. Damiano ("Damiano"), timely appeals a final judgment resentencing him to life imprisonment in Florida State prison. Damiano argues that the trial court erred in imposing an upward departure sentence based on a prior conviction already considered in the calculation of his presumptive guidelines sentence. We agree and remand for imposition of a guidelines sentence.
Damiano was charged by information with, inter alia, the...
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