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STATE v. STANTON

No. 3D00-1613.

781 So.2d 1129 (2001)

The STATE of Florida, Appellant, v. David STANTON, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 25, 2001.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Jill K. Traina, Assistant Attorney General, for appellant.

Bennett H. Brummer, Public Defender, and Roy A. Heimlich, Assistant Public Defender, for appellee.

Before COPE, GERSTEN and GREEN, JJ.

GREEN, J.

The sole issue presented by the state on this appeal is whether time served on a reversed conviction in an unrelated criminal case may provide a valid basis for a downward departure sentence for a future conviction. We conclude that it may not and reverse the order under review.

Appellee, David Stanton, an acknowledged drug addict, had been previously convicted of possession of cocaine after a jury trial...

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