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Clinton CLIATT
v.
STATE of Florida
v.
STATE of Florida
No. 5D00-715.
District Court of Appeal of Florida, Fifth District.
Nov 16, 2001.
Published opinion
James B. Gibson, Public Defender, and Rebecca M. Becker, Assistant Public Defender, Daytona Beach, for Appellant., Robert A. Butterworth, Attorney General, Tallahassee, and Pamela J. Roller, Assistant Attorney General, Daytona Beach, for Appellee.
Griffin, Orfinger, Palmer.
Published
PER CURIAM.
As the State candidly concedes, the defendant’s upward departure sentence is erroneous. Accordingly, the judgment and sentence are reversed and the matter is remanded for imposition of a sentence within the applicable guidelines range.
REVERSED AND REMANDED.
GRIFFIN, PALMER and ORFINGER, R.B., JJ., concur.