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STATE v. KELLEHER

No. 2D13-3819.

142 So.3d 958 (2014)

STATE of Florida, Appellant, v. Timothy KELLEHER, Appellee.

District Court of Appeal of Florida, Second District.

July 18, 2014.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Elba Caridad Martin-Schomaker , Assistant Attorney General, Tampa, for Appellant.

Howard L. Dimmig, II , Public Defender, and Cynthia J. Dodge , Assistant Public Defender, Bartow, for Appellee.

CRENSHAW, Judge.

The State of Florida appeals the downward departure sentence imposed for Timothy Kelleher's convictions of four counts of sale of illegal drugs, three of which were third-degree felonies and one of which was a second-degree felony. Pursuant to section 921.0026(2)(j), Florida Statutes (2011), a court can impose a sentence below the Criminal Punishment Code guidelines if "[t]he offense was committed in an unsophisticated manner and was an isolated incident...

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