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REESE v. STATE

No. 88-319.

535 So.2d 676 (1988)

Horace REESE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 22, 1988.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender and Glen P. Gifford, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Pamela D. Cichon, Asst. Atty. Gen., Daytona Beach, for appellee.

ORFINGER, Judge.

The defendant was placed on community control for two years, with a special condition that he spend 51 weeks in the county jail. He appeals, contending that this is a departure from the recommended guidelines sentence of 12 to 30 months' incarceration or community control, and relies on State v. Van Kooten, 522 So.2d 830 (Fla. 1988) for support. We affirm.

Van Kooten held that a sentence of...

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