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STATE v. MATHIS

No. 88-184.

541 So.2d 744 (1989)

The STATE of Florida, Appellant, v. Torrance MATHIS, Appellee.

District Court of Appeal of Florida, Third District.

April 11, 1989.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Margarita Muina Febres and Joan Greenberg, Asst. Attys. Gen., for appellant.

Bennett H. Brummer, Public Defender and Peter L. Nimkoff, Asst. Public Defender, for appellee.

Before JORGENSON, COPE and LEVY, JJ.

PER CURIAM.

The State challenges the sufficiency of the reasons for downward departure by one cell in a sentence imposed for aggravated battery. The guidelines sentence was seven to nine years; the court over the State's objection imposed a sentence of five years. We affirm.

The State is correct in contending that two of the reasons for downward departure are insufficient. The youth of the defendant is not a permissible...

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