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STATE v. SMITH

No. 3D08-2400.

23 So.3d 229 (2009)

The STATE of Florida, Appellant, v. Maxie SMITH, Appellee.

District Court of Appeal of Florida, Third District.

December 9, 2009.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, and Nicholas Merlin, Assistant Attorney General, for appellant.

Carlos J. Martinez, Public Defender, and Gwendolyn Powell Braswell, Assistant Public Defender, for appellee.

Before COPE, CORTIÑAS, and LAGOA, JJ.

CORTIÑAS, J.

As in State v. Roberts, 963 So.2d 747 (Fla. 3d DCA 2007), State v. Green, 932 So.2d 365 (Fla. 3d DCA 2006), State v. Brownell, 922 So.2d 244 (Fla. 3d DCA 2006), and State v. Mendez, 835 So.2d 375 (Fla. 3d DCA 2003), we reverse the downward departure sentence entered pursuant to...

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