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STATE v. HIGGINBOTHAM

No. 97-02296.

737 So.2d 596 (1999)

STATE of Florida, Appellant, v. Franklin C. HIGGINBOTHAM, Appellee.

District Court of Appeal of Florida, Second District.

July 14, 1999.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Megan Olson, Assistant Public Defender, Bartow, for Appellee.

THREADGILL, Acting Chief Judge.

The State appeals the trial court's order imposing a downward departure sentence on Franklin C. Higginbotham, based upon Higginbotham's need for substance addiction treatment and his amenability to rehabilitation. We conclude that there was sufficient evidence to support the reason for departure and therefore affirm.

Affirmed.

STRINGER, J., Concurs.

PARKER, J., Dissents with opinion.

PARKER, Judge, Dissenting...

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