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STATE v. FOREHAND

No. 86-1657.

507 So.2d 802 (1987)

STATE of Florida, Appellant, v. Jimmy Lee FOREHAND, Appellee.

District Court of Appeal of Florida, Fifth District.

May 28, 1987.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph D'Achille, Jr., Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender, and Christopher S. Quarles, Asst. Public Defender, Daytona Beach, for appellee.

SHARP, Judge.

The state appeals the sentence imposed on Forehand after he negotiated a plea and pled nolo contendere to grand theft,1 burglary of a dwelling,2 and petit theft.3 The parties had stipulated Forehand would be sentenced to two and one-half to three years with the condition there be no consecutive probation. Instead, the trial court departed downward and sentenced...

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