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SMITH v. STATE

No. 2D10-559.

125 So.3d 165 (2011)

Allen SMITH, Appellant/Cross-Appellee, v. STATE of Florida, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Second District.

January 21, 2011.

Attorney(s) appearing for the Case

James Marion Moorman , Public Defender, and Maureen E. Surber , Assistant Public Defender, Bartow, for Appellant/Cross-Appellee.

Pamela Jo Bondi , Attorney General, Tallahassee, and Ronald Napolitano , Assistant Attorney General, Tampa, for Appellee/Cross-Appellant.

DAVIS, Judge.

Allen Smith pleaded no contest to one count of driving while his license was revoked, and the trial court sentenced him to one year and one day in prison. Smith challenges his judgment and sentence, arguing that the trial court erred in denying his motion to withdraw plea. The State cross-appeals, challenging Smith's sentence, which was a downward departure from the 15.4-month lowest permissible sentence indicated on Smith's guidelines scoresheet. We...

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