STATE v. MITCHELL

No. 88-586.

538 So.2d 71 (1989)

The STATE of Florida, Appellant, v. Douglas Bernard MITCHELL, Appellee.

District Court of Appeal of Florida, Third District.

January 31, 1989.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Julie S. Thornton, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Rosa C. Figarola, Asst. Public Defender, for appellee.

Before NESBITT, BASKIN and FERGUSON, JJ.


PER CURIAM.

The state appeals from a downward departure sentence entered upon a negotiated plea between the defendant and the court over the state's objection. We agree with the state that the trial court failed to set forth clear and convincing reasons for the departure sentence, and we reverse.

In July 1987, the defendant pled guilty to grand theft and was placed on probation. While on probation, the defendant was charged by four different informations with...

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