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RAMSEY v. STATE

No. 89-948.

562 So.2d 394 (1990)

John E. RAMSEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 31, 1990.

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 Pamela D. Cichon, Asst. Atty. Gen., Daytona Beach, for appellee.

COWART, Judge.

The defendant appeals a guidelines departure sentence imposed after a violation of probation.1 The trial court gave several written reasons for departure. We find the reasons inadequate and vacate the departure sentence.

The trial court's reason, that the defendant's prior record showed a continuing and persistent pattern of criminal activity, is not supported by the record. The sentence imposed was for a non-violent...

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