STATE v. MAYO

No. 99-0456.

763 So.2d 1139 (2000)

STATE of Florida, Appellant, v. Jeffrey MAYO, Appellee.

District Court of Appeal of Florida, Fourth District.

January 5, 2000.


Attorney(s) appearing for the Case

Robert L. Butterworth, Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and David J. McPherrin, Assistant Public Defender, West Palm Beach, for appellee.


PER CURIAM.

The state appeals the trial court's downward departure sentence imposed on Jeffrey Mayo after he entered a plea of nolo contendere to I) dealing in cocaine and II) resisting without violence. We reverse.

Mayo's plea agreement provided for an open plea and a guideline recommended range of between 29.85 months and 30 years. The court heard testimony on the issue of remorse and orally pronounced sentence of 29.85 months. Mayo then cited State v...

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