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STATE v. DELEON

No. 5D03-1349.

867 So.2d 636 (2004)

STATE of Florida, Appellant, v. Jose Luis DELEON, Appellee.

District Court of Appeal of Florida, Fifth District.

March 12, 2004.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.

James B. Gibson, Public Defender, and Scott Ragan, Assistant Public Defender, Daytona Beach, for Appellant.

PER CURIAM.

Jose Luis Deleon entered a plea of guilty to the sale of cocaine and possession of cocaine in violation of sections 893.13(1)(a)1 and (6)(c), Florida Statutes (2001). Although his score sheet provided for a period of 22.8 months as the lowest possible prison sentence, the trial court departed downward by imposing a sentence of two five-year periods of probation to be served concurrently. The court's reason for the departure was the "unsophisticated nature...

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