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STATE v. ZUMPF

No. 98-02507.

728 So.2d 347 (1999)

STATE of Florida, Appellant, v. George O. ZUMPF, Sr., Appellee.

District Court of Appeal of Florida, Second District.

March 17, 1999.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Erica M. Raffel, Assistant Attorney General, Tampa, for Appellant.

Robert O. Bauer, Jr., Clearwater, for Appellee.

WHATLEY, Judge.

In this appeal of George O. Zumpf's downward departure sentence, the State contends that a preponderance of the evidence does not support the reason given for mitigation. That reason was Zumpf's cooperation with the State. The only support for this reason was statements by defense counsel. This is insufficient because testimony or evidence must be presented. See State v. Licea, 707 So.2d 1155, 1157 (Fla. 2d...

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