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STATE v. BENJAMIN

Nos. 95-03143, 95-03134 and 95-03145.

685 So.2d 1335 (1996)

STATE of Florida, Appellant, v. Melvin BENJAMIN, Appellee.

District Court of Appeal of Florida, Second District.

May 24, 1996.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Assistant Public Defender, Clearwater, for Appellee.

WHATLEY, Judge.

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

The sentence was the result of a plea agreement between Benjamin and the trial court in case numbers 95-10252, 94-00603, and 93-00603. The three cases have been consolidated for purposes of appeal.

In case number 95-10252, Benjamin pled guilty to possession of cocaine. The trial court found that a downward departure...

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