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STATE v. PAYNE

No. 96-00769.

684 So.2d 863 (1996)

STATE of Florida, Appellant, v. Richard PAYNE, Appellee.

District Court of Appeal of Florida, Second District.

December 13, 1996.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, Bartow, and Karen Kinney, Assistant Public Defender, Clearwater, for Appellee.

PARKER, Judge.

The State of Florida appeals the trial court's sentence of Richard Payne for a violation of community control, which was a sentencing guidelines downward departure without written reasons. We reverse and remand for resentencing.

Payne's original sentence was for shooting at, within, or into a building in violation of section 790.19, Florida Statutes (1993). He pleaded guilty and received a sentence of one year in the county jail followed by...

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