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STATE v. SAWYER

No. 2D98-4230.

753 So.2d 737 (2000)

STATE of Florida, Appellant, v. Daniel SAWYER, Appellee.

District Court of Appeal of Florida, Second District.

March 22, 2000.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee and Erica M. Raffel, Assistant Attorney General, Tampa, for Appellant.

No appearance for Appellee.

CAMPBELL, Acting Chief Judge.

The State appeals appellee's downward departure sentence. We agree that the downward departure is not supported by the record and reverse and remand for resentencing.

A trial court may impose a departure sentence based upon circumstances or factors which reasonably justify the aggravation or mitigation of the sentence in accordance with section 921.0016, Florida Statutes (1997). The...

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