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STATE v. HINSON

No. 1D 02-2071.

855 So.2d 119 (2003)

STATE of Florida, Appellant, v. Christopher HINSON, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied September 25, 2003.

Attorney(s) appearing for the Case

Charlie Crist, Attorney General and Robert Wheeler, Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellant.

Nancy A. Daniels, Public Defender and David P. Gauldin, Assistant Public Defender, Tallahassee, for Appellee.

HAWKES, J.

The State appeals the imposition of a downward departure sentence upon the revocation of Appellee, Christopher Hinson's (Hinson) probation. The State argues the reasons set forth by the trial court as grounds for the downward departure are either legally invalid or unsupported by competent, substantial evidence. We agree and reverse.

In 1995, Hinson was charged in Leon County with two counts of sexual battery with force and violence and one count...

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