STATE v. BOWEN

No. 88-544.

533 So.2d 851 (1988)

STATE of Florida, Appellant, v. Carol BOWEN, Appellee.

District Court of Appeal of Florida, Fifth District.

October 20, 1988.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee and Sean Daly, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellee.


ORFINGER, Judge.

After accepting defendant's plea of nolo contendere to one count of DUI manslaughter and adjudging her guilty of that charge, the trial court departed downward from the recommended guidelines sentence of 3 to 7 years' incarceration, and imposed instead 5 years of probation, the first two years of which were to be on community control. The State appeals and we reverse.

Bowen was the driver of a vehicle involved in a single car accident occurring...

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