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STATE v. WESTON

No. 86-3073.

510 So.2d 1001 (1987)

The STATE of Florida, Appellant, v. Frederick Jerome WESTON, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 2, 1987.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Michele L. Crawford, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and N. Joseph Durant, Jr., Asst. Public Defender, for appellee.

Before SCHWARTZ, C.J., and BASKIN and DANIEL S. PEARSON, JJ.

SCHWARTZ, Chief Judge.

Weston pled nolo to armed robbery and possession of a firearm in the holdup of a Miami fast food outlet. Although the guidelines computation yielded a recommended sentence of 3 1/2 to 4 1/2 years, the trial court sentenced the defendant under the Youthful Offender Act to 364 days in the county jail followed by two years community control. The two written reasons indicated to justify the downward departure were that the defendant (a) was only...

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