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STATE v. QUINTANAL

No. 3D00-2207.

791 So.2d 23 (2001)

The STATE of Florida, Appellant, v. Ovidio QUINTANAL, etc., Appellee.

District Court of Appeal of Florida, Third District.

Certification, Rehearing and/or Rehearing Denied July 18, 2001.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Roberta G. Mandel, Assistant Attorney General, for appellant.

Freedman & White, Miami; and Ivy R. Ginsberg, for appellee.

Before LEVY, GREEN, and RAMIREZ, JJ.

Certification, Rehearing and/or Rehearing En Banc Denied July 18, 2001.

RAMIREZ, J.

The State of Florida appeals a downward departure from the sentencing guidelines. Because the record does not support a finding that the need for payment of restitution to the victims outweighs the need for a prison sentence, nor that appellee Ovidio Quintanal cooperated with the State to resolve the current offenses or any other offense, we reverse.

Quintanal filed...

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