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STATE v. DAVIS

No. 94-1642.

657 So.2d 1224 (1995)

STATE of Florida, Appellant, v. Verl Lamar DAVIS, Appellee.

District Court of Appeal of Florida, Fifth District.

June 30, 1995.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Ann M. Childs, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender, and Lyle Hitchens, Asst. Public Defender, Daytona Beach, for appellee.

THOMPSON, Judge.

The State of Florida appeals the downward departure sentences imposed by the trial court after Verl Lamar Davis pled no contest to trafficking in cocaine1 and delivery of cocaine.2 On appeal, the state contends that the downward departure sentences constitute illegal sentences. We agree and, therefore, vacate the sentences and remand for resentencing.

After Davis entered his pleas,...

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