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STATE v. HILL

No. 96-2580.

698 So.2d 647 (1997)

STATE of Florida, Appellant, v. Jeffrey S. HILL, Appellee.

District Court of Appeal of Florida, Fifth District.

September 5, 1997.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Belle B. Turner, Assistant Attorney General, Daytona Beach, for Appellant.

James B. Gibson, Public Defender, and Andrea J. Surette, Assistant Public Defender, Daytona Beach, for Appellee.

THOMPSON, Judge.

The state appeals the downward departure sentence imposed after Jeffrey Hill pled nolo contendere to selling crack to an undercover officer. The court's written reasons for departure were that Hill's offense is a controlled substance offense and that Hill is amenable to treatment/rehabilitation. See § 921.0016(4)(d), Fla. Stat. (Supp.1996). The guidelines recommended a sentence of 31.1 months in state prison, with a minimum of 23.33 months...

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