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STATE v. TICE

No. 5D04-486.

898 So.2d 268 (2005)

STATE of Florida, Appellant, v. Victor L. TICE, Appellee.

District Court of Appeal of Florida, Fifth District.

March 18, 2005.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellant.

James S. Purdy, Public Defender, and Allison Havens, Assistant Public Defender, Daytona Beach, for Appellee.

PETERSON, J.

The State of Florida appeals a downward departure sentence imposed upon Victor L. Tice after he was convicted of burglary of a dwelling,1 and resisting an officer without violence.2 The trial court refused to impose a guidelines sentence of 34.2 months; instead, the court imposed a departure sentence of 8 months, finding that the burglary was committed...

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