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STATE v. FAULK

No. 5D02-565.

840 So.2d 319 (2003)

STATE of Florida, Appellant, v. Jeffrey R. FAULK, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 27, 2003.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellant.

James B. Gibson, Public Defender, and Rosemarie Farrell, Assistant Public Defender, Daytona Beach, for Appellee.

GRIFFIN, J.

The State of Florida appeals a downward departure sentence. We reverse.

On August 25, 2001, Jeffrey R. Faulk ["Faulk"] was seen placing an automobile battery from the service bay of a U-Haul dealership in the trunk of his vehicle. When confronted by a U-Haul employee, Faulk allegedly attempted to run away and struggled with the employee. However, he waited for police to arrive. He was arrested and ultimately charged by information with robbery...

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