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STATE v. MOLINA

No. 91-2285.

600 So.2d 41 (1992)

The STATE of Florida, Appellant, v. Jose MOLINA, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 21, 1992.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Leslie Schreiber, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Carol J.Y. Wilson, Asst. Public Defender, for appellee.

Before SCHWARTZ, C.J., and NESBITT and FERGUSON, JJ.

PER CURIAM.

This case is controlled by State v. Alexander, 591 So.2d 1029 (Fla. 3d DCA 1991), where we held on similar facts that a finding by a trial judge that a defendant is "motivated to treatment" as a mentally disordered sex offender, unlike a strong motivation for rehabilitation, is an insufficient reason to support a downward departure from the guideline sentence.

Accordingly, we vacate the sentence entered...

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