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STATE v. PORTER

No. 94-1298.

659 So.2d 328 (1995)

The STATE of Florida, Appellant, v. Lavell PORTER, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 13, 1995.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Lucrecia R. Diaz, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Asst. Public Defender, for appellee.

Before BARKDULL, GERSTEN and GREEN, JJ.

GERSTEN, Judge.

Appellant, the State of Florida, seeks reversal of appellee, Lavell Porter's, sentence claiming that the trial court erred in departing downward from the sentencing guidelines. We affirm.

Porter, who had several prior offenses, faced sentencing for grand theft. The trial court conducted a sentencing hearing and determined that Porter, "admitted [his drug] problem and says he's ready for help, and I believe that there was drug involvement in...

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