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477 So. 2d 59

477 So.2d 59

10 Fla.L.Weekly 2405

Holt v. State

District Court of Appeal of Florida

Decided October 24, 1985

District Court of Appeal of Florida · decided 1985-10-24

Cited by 2 later decisions — most recently January 1986

2 state decisions

Relies on 455 So. 2d 449 - Hendrix v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1985-10-24

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COBB, Chief Judge.

¶1Holt appeals the departure guidelines sentence given by the lower court resulting from her plea of guilty to a charge of possession of cocaine. Under the guidelines, Holt’s recommended sentence was any nonstate prison sanction. The trial court departed and sentenced her to four- and-a-half-years in the Department of Corrections. The court’s written reasons for the departure were stated as follows:

Although this is her first felony, this defendant’s extensive criminal misdemeanor record demonstrates that she is an unrepentant street prostitute who has no intention of abiding by the law. Her longest previous sentence was thirty days.

¶2As the trial court bases its departure from the guidelines sentence on the appellant’s prior record, we must reverse. See Hendrix v. State, 455 So.2d 449 (Fla.1985). Accordingly, this case is remanded with instructions to resentence the appellant in accordance with the sentencing guidelines.

¶3REVERSED and REMANDED.

ORFINGER and UPCHURCH, JJ., concur.
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