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STATE v. STEPHENSON

No. 5D07-921.

973 So.2d 1259 (2008)

STATE of Florida, Appellant, v. Malik Garcia STEPHENSON; Appellee.

District Court of Appeal of Florida, Fifth District.

February 11, 2008.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellant.

James S. Purdy, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellee.

ORFINGER, J.

The State of Florida appeals the downward departure sentence imposed on Malik G. Stephenson after he pled no contest to aggravated fleeing and eluding in violation of section 316.1935(3); Florida Statutes (2006), and one count of resisting an officer without violence, in violation of section 843.02, Florida Statutes (2006).1 The trial court determined that a downward departure sentence was appropriate because Mr. Stephenson...

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