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SHORES v. STATE

No. 1D08-0557.

15 So.3d 697 (2009)

Michael Timothy SHORES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 30, 2009.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, David P. Gauldin, Assistant Public Defender, and Alice B. Copek, Assistant Public Defender, Tallahassee, for Appellant.

Bill McCollum, Attorney General, and Anne C. Conley, Assistant Attorney General, Tallahassee, for Appellee.

BENTON, J.

Michael Timothy Shores appeals the upward departure sentence imposed upon resentencing below. Because the trial court identified no valid basis for departure, we reverse and remand for resentencing within the guidelines range. Contending the written reasons for departure — that he violated his probation by engaging in conduct similar to the original offense and had been designated as a sexual predator as a result of the original offense —...

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