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STATE v. WOODSON

No. 99-2361.

745 So.2d 570 (1999)

STATE of Florida, Appellant, v. Horace WOODSON, Appellee.

District Court of Appeal of Florida, Fifth District.

December 10, 1999.

Attorney(s) appearing for the Case

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

James B. Gibson, Public Defender, and Rebecca M. Becker, Assistant Public Defender, Daytona Beach, for Appellee.

DAUKSCH, J.

This is an appeal from a downward departure sentence. The trial court gave two reasons for the departure. First, that the need for restitution out-weighed the benefit of imprisonment. Second, that appellee was a minor participant in the crimes. Neither reason is supported by a factual basis and thus must be discounted. This appellee was a felon on probation when he was charged in this case with burglary, grand...

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