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STATE v. ADDERLY

No. 91-1295.

596 So.2d 687 (1992)

STATE of Florida, Appellant, v. Chuck ADDERLY, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 1, 1992.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Don M. Rogers, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellee.

PER CURIAM.

Sua sponte we vacate our September 12, 1991 order that stayed this appeal and issue the following opinion:

The state appeals the departure sentence imposed by the trial court. The appellant received a sentence of two and one-half years of probation instead of the mandatory three years in prison required by section 893.13(13)(1)(e), Florida Statute (1989). We reverse on the authority of this court's en banc opinion in State v. Jenkins,

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