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STATE v. MERRITT

No. 97-1698.

714 So.2d 1153 (1998)

STATE of Florida, Appellant, v. Carl David MERRITT, Appellee.

District Court of Appeal of Florida, Fifth District.

July 24, 1998.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Ann M. Childs, Assistant

Attorney General, Daytona Beach, for Appellant.

Robert T. Anderson of Cianfrogna, Telfer, Reda, Faherty & Anderson, P.A., Titusville, for Appellee.

W. SHARP, Judge.

The state appeals from the trial court's order which modified Merritt's 76.9 month prison sentence for committing a lewd and lascivious or indecent act on a minor and enticing a minor to commit a lewd, lascivious or indecent act1 to a downward departure sentence of one year and one day in state prison, followed by one year of community control, followed by six years probation. We affirm.

Merritt was originally...

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