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STATE v. MASSINGILL

Nos. 3D10-427, 10-426.

77 So.3d 677 (2011)

The STATE of Florida, Appellant, v. Gerald MASSINGILL and Elizabeth Torres, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 2, 2011.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, and Jill D. Kramer , Assistant Attorney General, for appellant.

Carlos J. Martinez , Public Defender, and Howard K. Blumberg , Assistant Public Defender, for appellees.

Before SHEPHERD, ROTHENBERG, and SALTER, JJ.

SALTER, J.

The State of Florida appeals orders granting downward departures from the sentencing guidelines for two co-defendants. We reverse. In the case of defendant and appellee Elizabeth Torres,1 the State was not afforded a reasonable opportunity to depose Ms. Torres' expert witness on the primary issues presented by the defense motion (impaired capacity to appreciate the criminal nature of her conduct or to conform that conduct to...

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