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STATE v. CRUME

No. 5D00-463.

780 So.2d 341 (2001)

STATE of Florida, Appellant, v. Rayne Burnett CRUME, Appellee.

District Court of Appeal of Florida, Fifth District.

March 30, 2001.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for appellant.

James B. Gibson, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for appellee.

THOMPSON, C.J.

The state appeals a downward departure sentence. The lowest sentence called for by the guidelines was 60.7 months, and the court sentenced the defendant to 50 months.

We affirm based on State v. Amodeo, 750 So.2d 664, 667 (Fla. 5th DCA 1999):

The major difficulty is that the state attorney, at the sentencing hearing, did not clearly raise this ground as an objection to the oral reasons given...

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