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THE STATE OF FLORIDA, Appellant, vs. JOSEPH SIDDAL, Appellee.

PER CURIAM.

Although we understand the trial court's intentions in imposing a downward departure sentence, the State's position is correct and the downward departure is not legally sustainable. As a consequence, we reverse the trial court's order and remand for resentencing within the sentencing guidelines. See State v. Whiting, 711 So.2d 1212 (Fla. 2d DCA 1998).

Reversed and remanded for resentencing.

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STATE v. SIDDAL
(Mar 24, 1999)