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BANKS v. STATE

No. 93,469.

732 So.2d 1065 (1999)

Donald B. BANKS, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied June 2, 1999.

Attorney(s) appearing for the Case

Frank Louderback of Louderback and Helinger, St. Petersburg, Florida, for Petitioner.

Robert Butterworth, Attorney General, Robert J. Krauss, Senior Assistant Attorney General, and Erica M. Raffel, Assistant Attorney General, Tampa, Florida, for Respondent.

SHAW, J.

We have for review State v. Banks, 712 So.2d 1165 (Fla. 2d DCA 1998), wherein the district court certified:

What factors must be proven by a preponderance of the evidence to establish that the need for payment of restitution outweighs the need for a prison sentence to justify a downward departure sentence?

Id. at 1166-67. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We answer...

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