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STATE v. MARTINEZ

No. 95-02017.

670 So.2d 1018 (1996)

STATE of Florida, Appellant, v. Nehemias E. MARTINEZ, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 2, 1996.

Attorney(s) appearing for the Case

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

Leonard A. Sands of Sands & Moskowitz, P.A., Coconut Grove, for Appellee.

PER CURIAM.

The state appeals the downward departure sentence imposed on Nehemias Martinez. We reverse and remand for further proceedings.

The trial court's reason for departure was that Martinez required specialized treatment for drug addiction and he was amenable to such treatment. There is no evidence, however, that Martinez had a drug addiction problem. See State v. Lemon, 664 So.2d 1072 (Fla. 2d DCA 1995). Accordingly...

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