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STATE v. EASTRIDGE

No. 2D07-6000.

5 So.3d 707 (2009)

STATE of Florida, Appellant, v. Malachi Howard EASTRIDGE, a/k/a Michael Howard Eastwood, Appellee.

District Court of Appeal of Florida, Second District.

February 10, 2009.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Tosha Cohen, Assistant Public Defender, Bartow, for Appellant.

STRINGER, Judge.

The State seeks review of the downward departure sentence the trial court imposed after finding that Malachi Howard Eastridge violated his probation. The State argues that the court erred in imposing a downward departure sentence without providing a valid basis for departure. We agree that one of the court's stated bases for departure was without merit. Because we are unable to conclude that the court meant to depart downward on the second basis,...

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