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STATE v. FULKS

No. 2D03-2476.

884 So.2d 1083 (2004)

STATE of Florida, Appellant, v. Maurice FULKS, Appellee.

District Court of Appeal of Florida, Second District.

October 20, 2004.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Danilo Cruz-Carino, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Richard P. Albertine, Jr., Assistant Public Defender, Bartow, for Appellee.

ALTENBERND, Chief Judge.

The State appeals Maurice Fulks' downward departure sentence for grand theft and aggravated assault. Despite the best intentions of the trial judge, we must reverse.

Mr. Fulks had two cases pending when he attended a pretrial conference on May 21, 2003. In the newer case, case number 02-21275, Mr. Fulks was charged with grand theft and aggravated assault for events occurring on December 12, 2002. In the older case, case number 00-02899...

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