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STATE v. JULES

No. 4D10-2391.

60 So.3d 1138 (2011)

STATE of Florida, Appellant, v. Wilnerson JULES, Appellee.

District Court of Appeal of Florida, Fourth District.

May 11, 2011.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Melynda L. Melear , Assistant Attorney General, West Palm Beach, for appellant.

Carey Haughwout , Public Defender, and Alan T. Lipson , Assistant Public Defender, West Palm Beach, for appellee.

PER CURIAM.

The state appeals from a downward departure sentence imposed on appellee. We reverse because there was no evidence presented that the need for restitution outweighed the need for a prison sentence.

After accepting a plea, the trial court adjudicated appellee guilty of attempted burglary of a structure, possession of burglary tools, and criminal mischief. During the sentencing hearing, the prosecutor represented...

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