STATE v. TWELVES

No. 84-1631.

463 So.2d 493 (1985)

STATE of Florida, Appellant, v. Wesley TWELVES, Appellee.

District Court of Appeal of Florida, Second District.

February 8, 1985.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, Gary O. Welch, Asst. Atty. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender, Bartow, Deborah K. Brueckheimer, Asst. Public Defender, Clearwater, for appellee.


FRANK, Judge.

The State's appeal, initiated in accordance with Section 924.07(9), Florida Statutes (1983), focuses upon the propriety of the lower court's determination to mitigate or depart "downward" from the sentencing guidelines prescribed in Rule 3.701 of the Florida Rules of Criminal Procedure. The State does not contend, of course, that departure from the guidelines was in excess of the lower court's authority granted it by Rule 3.701. Mitigating a guideline...

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