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STATE v. LEMON

No. 95-01253.

664 So.2d 1072 (1995)

STATE of Florida, Appellant, v. Robert L. LEMON, Jr., Appellee.

District Court of Appeal of Florida, Second District.

December 1, 1995.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Joseph Hwan-Yul Lee, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, Bartow, and Megan Olson, Assistant Public Defender, Clearwater, for Appellee.

CAMPBELL, Acting Chief Judge.

Appellant, State of Florida, challenges the trial court's order sentencing appellee, Robert L. Lemon, Jr., below the recommended guidelines sentence on the basis that he receive treatment for his drug addiction while incarcerated. We agree that there was no evidence that Lemon was amenable to rehabilitation and reverse his sentence.

Lemon was charged in two separate cases, each case containing charges of two counts of possession...

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