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STATE v. FLEMING

No. 99-0924.

751 So.2d 620 (1999)

STATE of Florida, Appellant, v. Timothy FLEMING, Appellee.

District Court of Appeal of Florida, Fourth District.

December 1, 1999.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Darien M. Doe, Assistant Attorney General, Ft. Lauderdale, for appellant.

Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Assistant Public Defender, West Palm Beach, for appellee.

KLEIN, J.

The state appeals a downward departure sentence based on the ground that the offense was committed in an unsophisticated manner and was an isolated incident for which defendant showed remorse. Section 921.0016(4)(j), Florida Statutes (1997).

Appellee was charged with purchasing cannabis. The issue which concerns us is whether a purchase of drugs can be committed in an "unsophisticated manner." The word "unsophisticated" is generally defined in the...

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