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STATE v. MATLOCK

No. 88-00761.

544 So.2d 244 (1989)

STATE of Florida, Appellant, v. Dana I. MATLOCK, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied June 14, 1989.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Charles Corces, Asst. Atty. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellee.

PATTERSON, Judge.

Appellee Matlock pleaded guilty to burglary of a dwelling and battering an occupant therein (Count I) and petit theft (Count II). At sentencing, the trial judge departed downward from the recommended guidelines range based on appellee's age of 17 and his minimal prior record. The state appealed, claiming that the reasons for departure were invalid. We reverse.

Neither of the reasons set forth by...

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