District Court of Appeal of Florida May 11, 2011, No. 4D10-2391 (State v. Jules)

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United States · · · 11-05-2011

PER CURIAM.

The state appeals from a downward departure sentence imposed on appellee. We reverse because there was no evidence presented that the need for restitution outweighed the need for a prison sentence.

After accepting a plea, the trial court adjudicated appellee guilty of attempted *1139burglary of a structure, possession of burglary tools, and criminal mischief.

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