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STATE v. PAULK

No. 3D01-2523.

813 So.2d 152 (2002)

The STATE of Florida, Appellant, v. Kenneth PAULK, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing, Rehearing and Certification of Conflict Denied April 26, 2002.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Paulette Taylor, Assistant Attorney General, for appellant.

Bennett H. Brummer, Public Defender, and Robert Godfrey, Assistant Public Defender, for appellee.

Before JORGENSON, GREEN and SORONDO, JJ.

Rehearing, Rehearing En Banc and Certification of Conflict Denied April 26, 2002.

PER CURIAM.

The State of Florida appeals the imposition of the downward departure sentence of Kenneth Paulk. We reverse.

The defendant was charged with burglary of an unoccupied structure, possession of burglary tools and petit theft. The defendant was subsequently charged in a second case with burglary of an unoccupied conveyance and grand theft. The State filed a notice...

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