STATE v. FRANCIS

No. 87-2297.

524 So.2d 1172 (1988)

STATE of Florida, Appellant. v. Tyrone FRANCIS, Appellee.

District Court of Appeal of Florida, Fourth District.

May 25, 1988.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Lee Rosenthal, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Asst. Public Defender, West Palm Beach, for appellee.


HERSEY, Chief Judge.

The state appeals a downward departure from the sentencing guidelines. We reverse.

Pursuant to a plea bargain with the court, the defendant pled guilty to possession of cocaine and was sentenced to three years' probation although the recommended guidelines range was 2 1/2 to 3 1/2 years' imprisonment. The prosecution objected to the downward departure. The small quantity of drugs involved and...

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