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STATE v. WHEELER

No. 2D03-1984.

891 So.2d 614 (2005)

STATE of Florida, Appellant, v. Robert WHEELER, Appellee.

District Court of Appeal of Florida, Second District.

January 26, 2005.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Jenny Scavino Sieg, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Megan Olson, Assistant Public Defender, Bartow, for Appellee.

CANADY, Judge.

The State appeals Robert Wheeler's downward departure sentence of forty-eight months' probation imposed after he pleaded no contest to a second-degree felony offense of committing a lewd and lascivious act upon a child under the age of sixteen years in violation of section 800.04(2), Florida Statutes (1997). Because the downward departure is not supported by the required evidentiary showing, we reverse.

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