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STATE v. FLETCHER

No. 96-00747.

684 So.2d 251 (1996)

STATE of Florida, Appellant, v. Nicole J. FLETCHER, Appellee.

District Court of Appeal of Florida, Second District.

December 4, 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 Karen Kinney, Assistant Public Defender, Clearwater, for Appellee.

THREADGILL, Chief Judge.

The state challenges the imposition of a downward departure sentence upon the appellee, Nicole J. Fletcher, for committing a battery upon a pregnant woman. We reverse and remand for resentencing.

Pursuant to section 921.001(6), Florida Statutes (1995), the facts supporting the reasons for a downward departure must be established by a preponderance of the evidence. See also State v. Nathan, 632 So.2d 127

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