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STATE v. STANARD

No. 5D03-458.

859 So.2d 572 (2003)

STATE of Florida, Appellant, v. Ronald Alfred STANARD, Appellee.

District Court of Appeal of Florida, Fifth District.

November 21, 2003.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellant.

James B. Gibson, Public Defender, and Kevin R. Holtz, Assistant Public Defender, Daytona Beach, for Appellee.

GRIFFIN, J.

The State of Florida appeals the downward departure sentence of appellee, Ronald Stanard ["Stanard"]. The State charged Stanard with one count of burglary of a structure—non-dwelling1—and one count of possession of burglary tools.2 According to the arrest affidavit, the owner of a bagel shop had opened the back door to the store to do some loading and had left it unattended. When he...

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