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STATE v. PINCKNEY

No. 2D13-2595.

173 So.3d 1139 (2015)

STATE of Florida, Appellant, v. Herbert Adolphus PINCKNEY, Appellee.

District Court of Appeal of Florida, Second District.

September 9, 2015.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, and Brandon R. Christian , Assistant Attorney General, Tampa, for Appellant.

Howard L. Dimmig, II , Public Defender, and Allyn M. Giambalvo , Assistant Public Defender, Bartow, for Appellee.

The State of Florida appeals a downward departure sentence of twelve months' probation in this battery case, asserting that the court lacked competent, substantial evidence to impose the departure sentence. Specifically, it argues that there was insufficient evidence that the victim provoked the incident within the meaning of section...

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