STATE v. USSERY

No. 88-2211.

543 So.2d 457 (1989)

STATE of Florida, Appellant, v. Edward Dwayne USSERY, Appellee.

District Court of Appeal of Florida, Fifth District.

May 25, 1989.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Colin Campbell, Asst. Atty. Gen., Daytona Beach, for appellant.

James E. Taylor, Jr., Orlando, for appellee.


COBB, Judge.

The issue on this appeal concerns the trial court's downward departure from the recommended sentencing guidelines.

The appellee entered a plea of guilty to one count of DUI manslaughter, two counts of DUI with bodily injury, and reckless driving. §§ 316.193; 316.192, Fla. Stat. (1987). The charges resulted from an automobile accident on April 19, 1987, when the defendant was legally intoxicated and caused the death of William Irizarry...

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