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STATE v. JERRY

No. 1D08-2103.

19 So.3d 1167 (2009)

STATE of Florida, Appellant, v. Tirone Alonza JERRY, Appellee.

District Court of Appeal of Florida, First District.

October 20, 2009.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Terry P. Roberts, Assistant Attorney General, Tallahassee, for Appellant.

Nancy A. Daniels, Public Defender, Danielle Jorden, Assistant Public Defender, Tallahassee, for Appellee.

OPINION ON MOTION FOR REHEARING AND/OR CLARIFICATION OR REHEARING EN BANC

CLARK, J.

We grant Appellant's Motion for Rehearing and/or Clarification or Rehearing En Banc in part, to the extent that we withdraw our August 6, 2009, opinion and substitute as follows:

The State appeals a downward departure sentence imposed by the trial court after Appellee's plea of guilty to the six counts in the amended...

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