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STATE v. NICOLOSI

No. 2D01-5609.

830 So.2d 281 (2002)

STATE of Florida, Appellant, v. Joseph A. NICOLOSI, Appellee.

District Court of Appeal of Florida, Second District.

November 22, 2002.

Attorney(s) appearing for the Case

Richard E. Doran, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Robert D. Rosen, Assistant Public Defender, Bartow, for Appellee.

CASANUEVA, Judge.

The State appeals from the downward departure sentence imposed on Joseph A. Nicolosi for attempted purchase of cocaine, contending that the departure reasons were not supported by substantial competent evidence. We reverse.

Mr. Nicolosi was arrested and charged with attempted purchase of crack cocaine from an undercover police officer on October 19, 2001. Rather than use real cocaine in this sting operation, the police had chosen the safer...

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