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STATE v. BERRY

No. 3D09-448.

19 So.3d 429 (2009)

The STATE of Florida, Appellant, v. Laffayette BERRY, Appellee.

District Court of Appeal of Florida, Third District.

September 23, 2009.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, and Lunar Claire Alvey, Assistant Attorney General, for appellant.

Carlos J. Martinez, Public Defender, and Marti Rothenberg, Assistant Public Defender, for appellee.

Prior report: .

PER CURIAM.

The State of Florida ("the State") appeals Laffayette Berry's ("the defendant") downward departure sentence. We reverse.

Based on a review of the record, we find that there was no competent substantial evidence presented to support the downward departure sentence. See State v. Grayson, 916 So.2d 51, 53 (Fla. 2d DCA 2005) (finding that a trial court is required to find that, based on the evidence presented...

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