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STATE v. FALOCCO

No. 98-1782.

730 So.2d 765 (1999)

STATE of Florida, Appellant, v. Jay Raymond FALOCCO, Appellee.

District Court of Appeal of Florida, Fifth District.

March 19, 1999.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellant.

James B. Gibson, Public Defender, and Thomas J. Lukashow, Assistant Public Defender, Daytona Beach, for Appellee.

THOMPSON, J.

The state appeals the downward departure sentences entered in case numbers 97-256, 97-785, 97-1590, and 97-1751.

We affirm the sentences in case numbers 97-256, 97-785, and 97-1590. The first reason for departure given by the court, that Falocco required specialized treatment for addiction, mental disorder, or physical disability, and was amenable to treatment, is valid with respect to crimes committed before 1 July 1997. Further, the record supports...

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