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STATE v. BROWNELL

No. 3D04-68.

922 So.2d 244 (2006)

The STATE of Florida, Appellant, v. Justin BROWNELL, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing Denied March 20, 2006.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, and Meredith L. Balo, Assistant Attorney General, for appellant.

Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Assistant Public Defender, for appellee.

Before GREEN, RAMIREZ, and SUAREZ, JJ.

Rehearing and Rehearing En Banc Denied March 20, 2006.

SUAREZ, J.

The State appeals a downward departure after a plea and sentence as a habitual offender to attempted robbery, battery and grand theft of a vehicle. We reverse.

The defendant was charged with one count of attempted robbery, one count of battery and one count of third degree grand theft of a vehicle. At the defendant's arraignment, the State...

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