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STATE v. MacMILLAN

No. 95-447.

671 So.2d 893 (1996)

STATE of Florida, Appellant, v. Edward Joseph MacMILLAN, Appellee.

District Court of Appeal of Florida, Fifth District.

April 19, 1996.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Timothy D. Wilson, Assistant Attorney General, Daytona Beach, for Appellant.

Horace Smith, Jr., P.A., of Monaco, Smith, Hood, Perkins, Loucks & Stout, Daytona Beach, for Appellee.

DAUKSCH, Judge.

This is an appeal from a sentence. Because the judge departed downwards from the sentencing guidelines without giving written reasons we must reverse. State v. Lyles, 576 So.2d 706 (Fla.1991); Ree v. State, 565 So.2d 1329 (Fla.1990). Because there was no evidentiary basis for the departure we also reverse. Because there...

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