STATE v. DAVIS

No. 83-2823.

464 So.2d 195 (1985)

The STATE of Florida, Appellant, v. Nathaniel DAVIS, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 20, 1985.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Michael J. Neimand, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Robin H. Greene, Asst. Public Defender, for appellee.

Before NESBITT, DANIEL S. PEARSON and JORGENSON, JJ.


JORGENSON, Judge.

The State of Florida seeks review of a sentence imposed by the trial court which was substantially below the guidelines' recommended range under section 921.001(5), Florida Statutes (1983). We agree with the state's position and, for the reasons which follow, reverse and remand with directions.1

The essential facts which give rise to this appeal are as follows. Davis was caught red-handed by the police in a parking...

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