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STATE v. GORDON

No. 94-1304.

645 So.2d 140 (1994)

STATE of Florida, Appellant, v. Tony GORDON, Appellee.

District Court of Appeal of Florida, Third District.

November 16, 1994.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Paulette R. Taylor, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Robert Kalter, Asst. Public Defender, for appellee.

Before HUBBART, COPE and GODERICH, JJ.

HUBBART, Judge.

The state appeals a sentence which departs downward from the sentencing guidelines based on a "drug deviation." We have jurisdiction to entertain this appeal and reverse. § 924.07(1)(i), Fla. Stat. (1993).

I

In this case, the defendant Tony Gordon (1) entered a plea of nolo contendere to two felonies committed on February 11, 1994: (a) unlawful sale or delivery of cocaine, and (b) unlawful...

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