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STATE v. CHAMPION

No. 2D04-2020.

898 So.2d 1111 (2005)

STATE of Florida, Appellant, v. John Leland CHAMPION, II, Appellee.

District Court of Appeal of Florida, Second District.

March 30, 2005.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Allyn M. Giambalvo, Assistant Public Defender, Bartow, for Appellee.

FULMER, Judge.

The State appeals from the downward departure sentence imposed on John Leland Champion, II. Because the departure reasons were not supported by a preponderance of the evidence, we reverse.

Champion pleaded guilty to the charges of burglary and grand theft. The minimum Criminal Punishment Code sentence for Champion's offenses, according to the scoresheet, was 36.45 months' imprisonment. Over the State's objection, the trial court sentenced Champion...

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