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STATE v. McLEOD

No. 87-2294.

524 So.2d 702 (1988)

STATE of Florida, Appellant, v. Kevin Brian McLEOD, Appellee.

District Court of Appeal of Florida, Second District.

April 8, 1988.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and James A. Young, Asst. Atty. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender, and Kevin Briggs, Asst. Public Defender, Bartow, for appellee.

ON MOTION FOR REHEARING

PER CURIAM.

The state's motion for rehearing is granted and we vacate the order, dated February 23, 1988, dismissing the appeal. The amendment to section 958.04(3), Florida Statutes, effective July 1, 1987, permits the state to appeal a departure sentence imposed under the Youthful Offender Act. Ch. 87-110, §§ 3, 4, Laws of Fla. The sentencing order in this case, entered following

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