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STATE v. JOSEPH

No. 3D02-3272.

922 So.2d 393 (2006)

The STATE of Florida, Appellant, v. Stephen Maron JOSEPH, Appellee.

District Court of Appeal of Florida, Third District.

March 8, 2006.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, and Roberta G. Mandel, Assistant Attorney General, for appellant.

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

Before GERSTEN, RAMIREZ, and SUAREZ, JJ.

PER CURIAM.

The State of Florida appeals the trial court's downward departure sentence. We affirm.

Stephen Joseph ("Joseph"), an attorney, handled a real estate transaction financed by GMAC Mortgage Corporation ("GMAC"). To fund the transaction, GMAC deposited a check for $290,098.94 into Joseph's trust account. Shortly thereafter, GMAC wired a duplicate payment of $290,098.94 into Joseph's account. Joseph did not return the duplicate payment or notify GMAC...

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