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STATE v. GRANT

No. 2D04-872.

912 So.2d 321 (2004)

STATE of Florida, Appellant, v. James A. GRANT, Appellee.

District Court of Appeal of Florida, Second District.

December 3, 2004.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Maureen E. Surber, Assistant Public Defender, Bartow, for Appellee.

DAVIS, Judge.

The State challenges the downward departure sentence that was imposed following James Grant's entry of an open no contest plea to sale or delivery of cocaine. Because we agree with the State that the downward departure was improper, we reverse.

The offense of sale or delivery of cocaine was committed during an undercover drug sting operation; the buyer was an undercover officer. At the sentencing hearing, defense counsel argued that Grant was...

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