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STATE v. HILL

No. 86-951.

500 So.2d 313 (1986)

STATE of Florida, Appellant, v. Wayne B. HILL, Appellee.

District Court of Appeal of Florida, Second District.

December 30, 1986.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Robert J. Krauss, Asst. Atty. Gen., Tampa, for appellant.

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

PER CURIAM.

The state appeals the trial court's reasons for departing downward as not being "clear and convincing" as required by Florida Rule of Criminal Procedure 3.701(d)(11). We agree.

Appellee was tried by jury on an information charging six counts. The jury found him not guilty of four of the counts and guilty of lesser included offenses of the remaining two counts. Appellee's scoresheet resulted in a presumptive sentence range of seventeen to twenty...

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