STATE v. BINGHAM

No. 88-02729.

549 So.2d 1173 (1989)

STATE of Florida, Appellant, v. David Everett BINGHAM, Appellee.

District Court of Appeal of Florida, Second District.

October 11, 1989.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Peggy A. Quince, Asst. Atty. Gen., Tampa, for appellant.

Pierce J. Guard, Jr., Lakeland, for appellee.


THREADGILL, Acting Chief Judge.

The state appeals the trial court's downward departure from the presumptive guidelines sentence. We find that one of the two reasons given for departure is valid and affirm the sentence.

David Bingham pled nolo contendere to a charge of buying cocaine within 1,000 feet of a school. Although the guidelines provided a range of between three and one-half to four and one-half years imprisonment, the trial court sentenced him to...

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