STATE v. DAVIS

No. 88-1137.

538 So.2d 537 (1989)

STATE of Florida, Appellant, v. Carlton DAVIS, Appellee.

District Court of Appeal of Florida, Second District.

February 17, 1989.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender, and James Paul Hudgins, Jr., Asst. Public Defender, Bartow, for appellee.


PATTERSON, Judge.

The state contends on appeal that the trial court used the wrong scoresheet in sentencing appellee and erred in departing downward from the recommended guideline range. We reverse for computation of appellee's sentence using the correct scoresheet; however, we hold that two of the three reasons given for departure are valid and may be used again, in the trial judge's discretion, to depart downward.

Appellee pled nolo contendere and was adjudicated...

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