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STATE v. CUMMINGS

Nos. 5D99-1331, 5D99-1332 and 5D99-1347.

748 So.2d 388 (2000)

STATE of Florida, Appellant, v. John Randall CUMMINGS, Paul Edward Barbato and David Charles Griffin, Appellees.

District Court of Appeal of Florida, Fifth District.

January 21, 2000.

Attorney(s) appearing for the Case

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

James B. Gibson, Public Defender, and A.S. Rogers, Assistant Public Defender, Daytona Beach, for Appellee.

DAUKSCH, J.

Appellant, state, appeals the consolidated judgments and sentences of appellees, John Cummings, Paul Barbato and David Griffin. In each of the cases, the state appeals the trial court's downward departure from the sentencing guidelines based upon the mental conditions of Cummings, Barbato and Griffin.1

The state contends on appeal that the trial court's downward departures...

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