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622 So. 2d 172

Henderson v. State

District Court of Appeal of Florida

Decided August 12, 1993

District Court of Appeal of Florida · decided 1993-08-12

Relies on 561 So. 2d 554 - Pope v. State · 589 So. 2d 287 - State v. Cabrera · 602 So. 2d 914 - Florida Bar re: Advisory Opinion

Decided 1993-08-12

PER CURIAM.

¶1The sentence imposed against the appellant is a departure sentence. Henderson v. State, 596 So.2d 774 (Fla. 1st DCA 1992), review denied, 602 So.2d 941 (Fla.1992); Henderson v. State, 577 So.2d 653 (Fla. 1st DCA 1991), review denied, 589 So.2d 291*173(Fla.1991); Robinson v. State, 520 So.2d 1 (Fla.1988). No reasons for departure were provided. Accordingly, we VACATE the sentence and REMAND for resentencing within the guidelines, with no possibility of departure therefrom. Pope v. State, 561 So.2d 554 (Fla.1990). The trial court is directed to give the appellant credit for all time served as of the date of final resen-tencing. See Brown v. State, 584 So.2d 209 (Fla. 1st DCA 1991).

ZEHMER, C.J., and BARFIELD and MICKLE, JJ., concur.
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