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STATE v. WHITTEN

No. 87-2883.

524 So.2d 1114 (1988)

STATE of Florida, Appellant, v. Marta Jean WHITTEN, Appellee.

District Court of Appeal of Florida, Fourth District.

May 11, 1988.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Eddie J. Bell, Asst. Atty. Gen., West Palm Beach, for appellant.

No appearance for appellee.

GUNTHER, Judge.

We reverse and remand for resentencing.

The trial court sentenced appellant to a split sentence (18 months' prison followed by 3 years' probation) which included an incarceration period of less than the recommended minimum for the crimes (4 1/2 to 5 1/2 years in prison). We agree with the State's contention that this sentence constitutes a downward departure from the recommended guidelines sentence. See Fla.R. Crim.P. 3.701(d)(12), Committee...

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