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STATE v. BURGOS

No. 91-3602.

613 So.2d 588 (1993)

STATE of Florida, Appellant, v. Rafael BURGOS, Appellee.

District Court of Appeal of Florida, Fourth District.

February 10, 1993.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Michelle A. Smith, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Allen J. DeWeese, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

The state appeals a downward departure sentence, and we conclude that while the trial court did not err in departing from the sentencing guidelines based on Barbera v. State, 505 So.2d 413 (Fla. 1987), receded from on other grounds, Pope v. State, 561 So.2d 554 (Fla. 1990), it did err in placing appellee in community control. Accordingly, we affirm in part, reverse in...

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