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STATE v. BLACKMAN

No. 85-2796.

488 So.2d 644 (1986)

STATE of Florida, Appellant, v. Cynthia Ann BLACKMAN, Appellee.

District Court of Appeal of Florida, Second District.

May 14, 1986.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Kim W. Munch, Asst. Atty. Gen., Tampa, for appellant.

J. Marion Moorman, Public Defender, and William H. Pasch, Asst. Public Defender, Bartow, for appellee.

ON MOTION TO DISMISS

PER CURIAM.

Appellee Cynthia Blackman has moved to dismiss the state's appeal in this case.

In 1984 Ms. Blackman was placed on community control and probation for two counts of robbery. Although this sanction constituted a departure from the recommended guideline sentence, the state apparently chose not to appeal the departure, which it would have been authorized to do under Florida Rule of Appellate Procedure 9.140(c)(1)(J)...

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