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529 So. 2d 1274

529 So.2d 1274

13 Fla.L.Weekly 1985

Tarver v. State

District Court of Appeal of Florida

Decided August 25, 1988

District Court of Appeal of Florida · decided 1988-08-25

Relies on 528 So. 2d 417 - McKee v. State · 528 So. 2d 406 - Carr v. State

Decided 1988-08-25

PER CURIAM.

¶1The defendant’s recommended guideline sentence was “community control or 12-30 *1275months incarceration.” The sentence pronounced and imposed was commitment to prison “for a term of 8 years” with a proviso that “after serving a period of 2V2 years imprisonment in DOC the balance of such sentence shall be suspended and the defendant shall be placed on probation for a period of 5 years....” No reasons were given to support a departure sentence. The issue is whether this is a departure sentence.

¶2This case is substantially the same as McKee v. State, 528 So.2d 417 (Fla. 5th DCA 1988) and Carr v. State, 528 So.2d 406 (Fla. 5th DCA 1988), and, on the authority of those cases, the sentence in this case is held to not depart from the guideline recommendation and is

¶3AFFIRMED.

SHARP, C.J., and DANIEL, J., concur.COWART, J., dissents with opinion.
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