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STATE v. HAMNER

Nos. 5D01-1872, 5D01-1902.

816 So.2d 810 (2002)

STATE of Florida, Appellant/Cross-Appellee, v. William L. HAMNER, IV, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

May 17, 2002.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Tammy L. Jaques, Assistant Attorney General, Daytona Beach, for Appellant/Cross-Appellee.

James B. Gibson, Public Defender, and Rebecca M. Becker, Assistant Public Defender, Daytona Beach, for Appellee/Cross-Appellant.

SHARP, W., J.

Hamner appeals from the revocation of his probation based on violating the conditions that he not leave the county of his residence without the consent of his probation officer and that he comply with all instructions of his probation officer. The state appeals Hamner's downward departure sentence.1 We affirm.

In February 1998, Hamner was charged with three counts of sexual...

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