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STATE v. ASHLEY

No. 88-733.

549 So.2d 226 (1989)

The STATE of Florida, Appellant, v. Marvin Theotis ASHLEY, Appellee.

District Court of Appeal of Florida, Third District.

September 26, 1989.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen. and Fariba N. Komeily, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender and Henry H. Harnage, Asst. Public Defender, for appellee.

Before BASKIN, FERGUSON and LEVY, JJ.

PER CURIAM.

Pursuant to his submission of a plea of no contest, appellant Ashley was convicted of cocaine possession. The trial court departed downward from the guidelines recommendation of three years and sentenced Ashley to serve 90 days incarceration. The trial court stated as its reasons for departure Ashley's youth, his lack of prior drug convictions, and the small amount of cocaine purchased. The state appeals the downward departure. We reverse because no reason...

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