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STATE v. NOBLE

No. 3D07-505.

990 So.2d 1265 (2008)

The STATE of Florida, Appellant, v. Milton NOBLE, Appellee.

District Court of Appeal of Florida, Third District.

October 1, 2008.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, and Magaly Rodriguez, Assistant Attorney General, for appellant.

Bennett H. Brummer, Public Defender, and Thomas Regnier, Assistant Public Defender, for appellee.

Before SHEPHERD, CORTIÑAS, and SALTER, JJ.

ON MOTION FOR CLARIFICATION AND MOTION FOR REHEARING

SALTER, J.

On consideration of the defendant's motion for clarification and motion for rehearing, the Court grants the motions, withdraws the opinion issued on September 3, 2008, and substitutes the following in its stead.

The State of Florida appeals the imposition of a downward departure sentence on the ground the trial court failed to provide written reasons or a written transcript of...

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