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STATE v. PRESTON

No. 92-04175.

622 So.2d 169 (1993)

STATE of Florida, Appellant, v. Clarence L. PRESTON, Appellee.

District Court of Appeal of Florida, Second District.

August 11, 1993.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Erica M. Raffel, Asst. Atty. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender, and Kevin Briggs, Asst. Public Defender, Bartow, for appellee.

PER CURIAM.

The state appeals the downward departure sentence imposed upon the appellee, Clarence L. Preston, after he pled guilty to third degree felony petit theft. We reverse.

The trial court's stated reason for the downward departure was the minimal value of the property taken. This reason is an invalid basis for downward departure. State v. Lisk, 523 So.2d 1260 (Fla. 2d DCA 1988), rev. denied, 531 So.2d...

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