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STATE v. GREEN

No. 3D05-1991.

932 So.2d 365 (2006)

The STATE of Florida, Appellant, v. Donald Roy GREEN, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 25, 2006.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General and María T. Armas, Assistant Attorney General, for appellant.

Bennett H. Brummer, Public Defender and Shannon P. McKenna, Assistant Public Defender, for appellee.

Before GERSTEN and SHEPHERD, JJ., and SCHWARTZ, Senior Judge.

PER CURIAM.

The state appeals from a downward departure sentence entered pursuant to defendant's plea agreement with the trial court alone, to which the state clearly objected, and from which it said it would appeal. Because there is acknowledgedly no basis for the downward departure, and the state adequately preserved the issue below, see State v. Brownell, 922 So.2d 244 (Fla. 3d DCA 2006); see also State v. Paulk,

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