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STATE v. SCOTT

No. 2D03-2605.

879 So.2d 99 (2004)

STATE of Florida, Appellant, v. Charles SCOTT, Appellee.

District Court of Appeal of Florida, Second District.

August 6, 2004.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Jenny Scavino Sieg, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and William L. Sharwell, Assistant Public Defender, Bartow, for Appellee.

CANADY, Judge.

The State appeals from the downward departure sentence imposed on Charles Scott. The departure purportedly was based on cooperation by Scott and a need for restitution. Because there was no evidence to support the downward departure, we reverse.

Scott pleaded guilty to the third-degree felony charge of obtaining property in return for a worthless check in violation of section 832.05, Florida Statutes (2001). Scott had issued the worthless check...

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