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WESTBROOK v. STATE

No. 88-430.

539 So.2d 34 (1989)

Terry Rae WESTBROOK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 9, 1989.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Kellie A. Nielan, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

We affirm Westbrook's conviction for two counts of bribery and one count of DUI. However, we strike that portion of Westbrook's order of probation imposing 6 months jail time consecutive to his total 5 1/2 years of incarceration on the bribery counts. This is in excess of Westbrook's recommended guidelines sentence of 4 1/2 to 5 1/2 years and constitutes a departure sentence for which no reasons were given.

Judgment AFFIRMED; Sentence AFFIRMED...

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