STATE v. BAKER

No. 96-05191.

713 So.2d 1027 (1998)

STATE of Florida, Appellant, v. Victor D. BAKER, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied July 7, 1998.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Patricia E. Davenport, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Frank D.L. Winstead, Assistant Public Defender, Clearwater, for Appellee.


WHATLEY, Judge.

The State appeals the downward departure sentence imposed on Victor D. Baker. Baker entered a plea and was adjudicated guilty of aggravated battery. We agree with the State that each of the trial court's five stated reasons for departure is either improper or unsupported by sufficient record evidence. Therefore, we reverse.

First, we conclude that Baker's lack of criminal record is not a valid reason for departure because this fact is considered...

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