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545 So. 2d 971

545 So.2d 971

14 Fla.L.Weekly 1655

Vanhorn v. State

District Court of Appeal of Florida · decided 1989-07-11

Relies on 529 So. 2d 772 - Waldron v. State · 523 So. 2d 726 - Harrison v. State · 534 So. 2d 843 - Dyer v. State

Decided 1989-07-11

PER CURIAM.

¶1Upon the state’s commendable concession that the sentences appealed from in this case are, in effect, invalid under this court’s decision in Harrison v. State, 523 So.2d 726 (Fla. 3d DCA 1988) 1 the sen-*972fences under review are therefore reversed, and the cause is remanded to the trial court with directions to resentence the defendant Timothy Vanhorn within the sentencing guidelines range of 5¾⅛ to 7 years imprisonment.

¶2REVERSED AND REMANDED.

¶3. The state, however, disagrees with Harrisonand reserves the right to seek further review of the decision we reach herein. We certify that our decision is "in direct conflict with ... decision[s] of [ ] other district court[s] of appeal” in Brown v. State, 535 So.2d 332 (Fla. 1st DCA 1988); Dyer v. State, 534 So.2d 843 (Fla. 5th DCA 1988); and Waldron v. State, 529 So.2d 772 (Fla. 2d DCA 1988), so as to permit further review by the Florida Supreme Court pursuant to Article V, section 3(b)(4) of the Florida Constitution.

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