Mr. Shine was convicted and sentenced to three years of probation for offenses related to selling cocaine. This sentence was imposed in accordance with a plea agreement between Mr. Shine and the State of Florida, and it constituted a downward departure from what would otherwise be the lowest permissible sentence under the Criminal Punishment Code. Mr. Shine subsequently violated his probation, and the trial court imposed another downward departure sentence. The State of Florida appealed the violation of probation sentence to the Third District Court of Appeal, which reversed the trial court, stating the reasoning for the downward departure sentence was invalid. The Third DCA remanded to the trial court for resentencing without a departure. Mr. Shine now asks this Court for review, arguing that the Third DCA’s decision conflicts with decisions of this Court and the other district courts of appeal.

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