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STATE v. WICHY

No. 98-2438.

744 So.2d 551 (1999)

The STATE of Florida, Appellant, v. David WICHY, Appellee.

District Court of Appeal of Florida, Third District.

October 27, 1999.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Lara J. Edelstein, Assistant Attorney General, for appellant.

Bennett H. Brummer, Public Defender, and Robert Godfrey, Special Assistant Public Defender, for appellee.

Before SCHWARTZ, C.J., and NESBITT, and SORONDO, JJ.

PER CURIAM.

Affirmed. See Castor v. State, 365 So.2d 701 (Fla.1978); State v. Henriquez, 717 So.2d 1087 (Fla. 3d DCA 1998); Evans v. State, 619 So.2d 520 (Fla. 1st DCA 1993).

NESBITT, and SORONDO, JJ., concur.

SCHWARTZ, Chief Judge (specially concurring).

While the downward departure involved in this case was supported...

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