STATE v. HERRIN

No. 89-01389.

555 So.2d 1288 (1990)

STATE of Florida, Appellant, v. Michael L. HERRIN, Appellee.

District Court of Appeal of Florida, Second District.

January 19, 1990.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and William I. Munsey, Asst. Atty. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender, and Stephen Krosschell, Asst. Public Defender, Bartow, for appellee.


PARKER, Judge.

The state appeals the trial court's downward departure from the established range under the sentencing guidelines. We reverse.

Herrin pleaded guilty to purchasing cocaine within 1,000 feet of a school in October 1988. Herrin testified that he was addicted to cocaine in 1986 at which time he completed a three-month rehabilitation program. Herrin then testified that at the time he committed the offense, he was having social problems and was depressed...

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