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STATE v. SCHERBER

No. 2D05-1947.

918 So.2d 423 (2006)

STATE of Florida, Appellant, v. Michael J. SCHERBER, Appellee.

District Court of Appeal of Florida, Second District.

January 25, 2006.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Timothy A. Freeland, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Bruce P. Taylor, Assistant Public Defender, Bartow, for Appellee.

WHATLEY, Judge.

The State of Florida appeals the downward departure sentences imposed on Michael Scherber. We reverse.

Scherber entered pleas in three cases based on the circuit court's determination that he qualified for a downward departure sentence. In case number CRC03-18354CFANO, Scherber entered an admission to violating his probation. He was originally placed on probation for felony driving while licensed suspended or revoked. In case number CRC04-18623CFANO...

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