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STATE v. ISSEL

No. 2D05-2417.

919 So.2d 719 (2006)

STATE of Florida, Appellant, v. Darrick C. ISSEL, Appellee.

District Court of Appeal of Florida, Second District.

February 8, 2006.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Chandra Waite Dasrat, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Richard J. Sanders, Assistant Public Defender, Bartow, for Appellee.

DAVIS, Judge.

The State challenges the downward departure sentence the trial court imposed upon Darrick C. Issel for driving under the influence, a third or subsequent violation. Because the record does not support the trial court's reason for departing downward, we reverse.

Issel entered an open plea to driving under the influence, a third or subsequent violation; it was his fourth DUI conviction. His Criminal Punishment Code scoresheet reflects a lowest...

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