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STATE v. McCLUSTER

No. 87-56.

525 So.2d 434 (1988)

The STATE of Florida, Appellant, v. Leon McCLUSTER, Appellee.

District Court of Appeal of Florida, Third District.

On Rehearing May 24, 1988.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Mark S. Dunn, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender and Beth C. Weitzner, Asst. Public Defender, for appellee.

Before BARKDULL, BASKIN and DANIEL S. PEARSON, JJ.

PER CURIAM.

The State of Florida has appealed from the sentence imposed upon the defendant herein, alleging the trial court erred in departing downward from the sentencing guidelines based upon the quantity of drugs in the defendant's possession at the time of the offense. The Supreme Court recently held in the case of Atwaters v. State, 519 So.2d 611 (Fla. 1988), that the quantity of drugs may not be utilized as a proper...

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