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STATE v. HOLMES

No. 1D04-3130.

909 So.2d 526 (2005)

STATE of Florida, Appellant, v. Randal Rene HOLMES, Appellee.

District Court of Appeal of Florida, First District.

August 29, 2005.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, and Daniel A. David, Assistant Attorney General, Tallahassee, for Appellant.

Nancy A. Daniels, Public Defender, and Archie F. Gardner, Jr., Assistant Public Defender, Tallahassee, for Appellee.

PER CURIAM.

The State challenges the downward departure sentence that was imposed following Randal Rene Holmes' entry of an open no contest plea to charges of sale of cocaine within 1000 feet of a place of worship, conspiracy to sell/deliver cocaine within 1000 feet of a place of worship, and possession of cocaine. The offenses were committed during an undercover drug sting operation; the buyer was an undercover officer. The trial judge gave five grounds for a downward...

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