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STATE v. MOBLEY

No. 3D00-2410.

777 So.2d 469 (2001)

The STATE of Florida, Appellant, v. Anthony MOBLEY, Appellee.

District Court of Appeal of Florida, Third District.

February 28, 2001.

Attorney(s) appearing for the Case

Robert Butterworth, Attorney General, and Barbara A. Zappi, Assistant Attorney General, for appellant.

Bennett H. Brummer, Public Defender, and Manuel Alvarez, Assistant Public Defender, for appellee.

Before JORGENSON, COPE, and RAMIREZ, JJ.

CONFESSION OF ERROR

PER CURIAM.

Based on appellee Anthony Mobley's confession of error filed in this cause, as well as our own independent review of the record, the sentence is reversed due to the trial court's failure to justify the departure sentence with mitigating circumstances, pursuant to section 921.00265(2), Florida Statutes (1999), and the case is remanded to the trial court to allow appellee to withdraw his plea, or for re-sentencing within...

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