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STATE v. MOULTRIE

No. 68945.

503 So.2d 892 (1987)

STATE of Florida, Petitioner, v. Phillip Lee MOULTRIE, Respondent.

Supreme Court of Florida.

Rehearing Denied April 9, 1987.

Attorney(s) appearing for the Case

Robert A. Butterworth, Jr., Atty. Gen., and Margene A. Roper, Asst. Atty. Gen., Daytona Beach, for petitioner.

James B. Gibson, Public Defender, Seventh Judicial Circuit, and Michael L. O'Neill, Asst. Public Defender, Daytona Beach, for respondent.

EHRLICH, Justice.

We have for review Moultrie v. State, 488 So.2d 558 (Fla. 5th DCA 1986), which expressly and directly conflicts with decisions of other district courts of appeal on the issue of whether habitual offender status, under section 775.084, Florida Statutes (1985), is a valid reason for departure from a presumptive guidelines sentence. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

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