STATE v. WILLIAMS

No. 5D03-1419.

870 So.2d 938 (2004)

STATE of Florida, Appellant, v. Kevin C. WILLIAMS, Appellee.

District Court of Appeal of Florida, Fifth District.

April 23, 2004.


Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellant.

James B. Gibson, Public Defender, and Brynn Newton, Assistant Public Defender, Daytona Beach, for Appellee.


PLEUS, J.

The State appeals from a sentencing order, claiming the trial court imposed an illegal downward departure sentence. The State argues that the record fails to support the three grounds specified by the court when it departed, sentencing the defendant to 39 months imprisonment, rather than the minimum of 78 months imprisonment called for by the sentencing guidelines.

We agree that the first two grounds for downward departure are infirm as not supported...

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