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STATE v. PERLMAN

No. 1D12-3980.

118 So.3d 994 (2013)

STATE of Florida, Appellant, v. Sammy PERLMAN, Appellee.

District Court of Appeal of Florida, First District.

August 15, 2013.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, and Angela R. Hensel , Tallahassee, for Appellant.

Nancy A. Daniels , Public Defender, and Steven L. Seliger , Assistant Public Defender, Tallahassee, for Appellee.

RAY, J.

The State of Florida timely appeals a downward departure sentence imposed upon Sammy Perlman for two felony petit theft charges. Among other grounds, the State argues that the departure was erroneous because it was premised on section 921.0026(2)(j), Florida Statutes (2012), and Mr. Perlman's extensive criminal record demonstrates that the underlying offenses were not isolated incidents as required by that provision. We agree and therefore vacate the sentence...

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