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PEREZ v. STATE

Nos. 4D12-781, 4D12-849.

107 So.3d 537 (2013)

Joshua PEREZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 20, 2013.

Attorney(s) appearing for the Case

H. Scott Hecker of the Law Offices of H. Scott Hecker, P.A., Fort Lauderdale, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and George Francis , Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Appellant appeals the trial court's denial of his motion for downward departure under section 921.0026(2)(d), Florida Statutes (2012).1 At the conclusion of appellant's sentencing hearing, the trial court made several references to appellant not having called a witness from the Department of Corrections to testify. In State v. Chubbuck, 83 So.3d 918 (Fla. 4th DCA 2012) (en banc), we...

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