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STATE v. GILMORE

No. 94-01614.

658 So.2d 629 (1995)

STATE of Florida, Appellant/Cross-Appellee, v. Michael A. GILMORE, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Second District.

July 21, 1995.

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 Robert D. Rosen, Asst. Public Defender, Bartow, for appellee.

PER CURIAM.

The state appeals the downward departure sentences imposed on Michael A. Gilmore for tampering with physical evidence, purchase of cannabis, and possession of cannabis with the intent to purchase. The defendant cross-appeals his conviction for tampering. We reverse the conviction for tampering and remand for resentencing.

Mr. Gilmore purchased a $10 bag of marijuana from police officers during a reverse sting operation. When the officers confronted...

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